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06/04/2018 City Council - Regular Meeting Agenda Packet
June 1, 2018 3:06 PM City Council Regular Meeting Agenda Page1 MAYOR Mayor Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Daniel Harney Peter Leroe-Muñoz Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, JUNE 4, 2018 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Ad ministration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. City Council Regular Meeting Agenda 06/4/2018 Page2 KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or shawna.freels@cityofgilroy.org I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Presentation of Age Friendly City Designation by the World Health Organization III. PRESENTATIONS TO THE COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) City Council Regular Meeting Agenda 06/4/2018 Page3 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco –Santa Clara Co. Library JPA, SCRWA Board, Street Naming Committee, SC Valley Joint Water Resources Committee, URM Task Force Council Member Tucker – Caltrain Citizen's Advisory Committee, Gilroy Welcome Center, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing and Implementation Boards, Recycling and Waste Commission Council Member Blankley - Gilroy Sister Cities Association, HSR Sub-Committee, SC Valley Joint Water Resources Committee, SCRWA Board, South County United for Health, Street Naming Committee Mayor Pro Tempore Harney – Gilroy Downtown Business Association, Gilroy Gardens Board, Santa Clara Valley Habitat Agency Governing and Implementation Boards, Santa Clara Valley Clean Energy Authority, VTA Board (Alternate), VTA Policy Advisory Committee Council Member Tovar – Santa Clara Co. Expressway Plan Advisory Board, SCRWA Board, Street Naming Committee, VTA Committee for Transit Accessibility Council Member Leroe-Muñoz - ABAG, Economic Development Corporation Board, Cities Association of Santa Clara Co. Board, HSR Station Area Planning Advisory Committee & HSR Sub-Committee, Santa Clara Valley Water Dist. Water Comm., Silicon Valley Regional Interoperability Authority (SVRIA), VTA Mobility Partnership Mayor Velasco – Gilroy Youth Task Force, Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee, South County Youth Task Force Policy Team, South County Joint Planning Advisory Committee , VTA South County City Group, URM Task Force V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by t he City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. A. Minutes of the May 21, 2018 Regular Meeting B. A Resolution of the City Council of the City of Gilroy Calling a General Election Municipal Election for Municipal Officers and Requesting the Santa Clara County Board of Supervisors Consolidate With the Statewide General Election to be Held on November 6, 2018 Pursuant to California Elections Code Section 10403, and Requesting Services of the Registrar of Voters C. Approval of a Final Map and Property Improvement Agreement No. 2018 -05 With Filice Family Estate and Tri Pointe Homes, Inc., Tract 10446, APN 808 - 19-10 -024 for the Grove Luchessa Tract 10446 City Council Regular Meeting Agenda 06/4/2018 Page4 D. A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2018-2019 E. Transfer of Interest Income From the Museum Vase Endowment Trust to the Gilroy Museum Fund F. A Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A A G. Consideration of the Appointment of VTA Bicycle Pedestrian Advisory Committee Representative for a 2 Year Term Ending July 1, 2020 H. A Resolution of the City Council of the City of Gilroy Releasing Unclaimed Checks to the City’s General Fund in Accordance with California Government Code Section 50055 I. A Resolution of the City Council of the City of Gilroy Releasing Unclaimed Checks to the City’s General Fund in Accordance with California Government Code Section 50053 VII. BIDS AND PROPOSALS A. Contract Amendment with EPC IT Solutions in the Amount of $406,000 for Network and Infrastructure Improvements 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: Approval of a $406,000 contract amendment with EPC IT Solutions over the next two (2) years to provide Information technology (IT) professional services for network and infrastructure improvements, and authorize the City Administrator to execute the agreement. B. Award of Contract to Monterey Peninsula Engineering in the Amount of $5,451,990 for the First Street-State Route 152 Water Utility Improvements, Project No. 16-PW-217 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Award a contract to Monterey Peninsula Engineering in the amount of $5,451,990. for the construction of First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217; establish a project contingency of $817,798 (approximately 15%), and authorize the City Administrator to execute the agreement and related documents, including amendments up to the contingency amount; and b) Appropriate $1,935,013 from the Water Fund for the project. VIII. PUBLIC HEARINGS City Council Regular Meeting Agenda 06/4/2018 Page5 A. Introduction of an Ordinance Approving a Zone Change to Provide a Locally Historic Significance Designation to the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022, and Adoption of a Resolution Approving the Miller Red Barn Association’s Application for a County of Santa Clara Historical Heritage Grant 1. Staff Report: Kristi Abrams, Community Development Director 2. Open Public Hearing 3. Close Public Hearing 4. Possible Action: Motion to read the ordinance by title only and waive further reading; and Introduction of an Ordinance of the City Council of the City of Gilroy approving zone change Z 18-02, a local historic designation for the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 in accordance with Gilroy City Code Section 30.27.30; and Adoption of a Resolution of the City Council of the City of Gilroy approving the Miller Red Barn Association’s application for a County of Santa Clara historical heritage grant for the designation of locally historic significance of the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 IX. UNFINISHED BUSINESS A. Adoption of Proposed Parks and Amenities Design Guidelines 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Adoption of the Parks and Amenities Design Guidelines. X. INTRODUCTION OF NEW BUSINESS A. Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23, Applicant Eagle Garden, LLC 1. Staff Report: Kristi Abrams, Community Development Director 2. Public Comment 3. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy extending TM 13-11 and AS 13-35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808 - 01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC. B. Adoption of the City of Gilroy 2018 Strategic Plan Implementation Action Plan City Council Regular Meeting Agenda 06/4/2018 Page6 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Adoption of the 2018 City of Gilroy Strategic Plan Implementation Action Plan. C. Presentation and Consideration of the Information Technology Strategic Plan 1. Staff Report: Scott Golden, IT Manager 2. Public Comment 3. Possible Action: a) Approval of the Information Technology Strategic Plan; and, b) Adoption of the recommendations provided in the Information Technology Strategic Plan D. Presentation of the Fiscal Year 2018 3rd Quarter Report 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: Receive the report. E. Review of the Fiscal Year 2018 and 2019 Mid-Cycle Report and Consideration of Amendments to the Fiscal Year 2019 Adopted Budget 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: a) Receive the report; and, b) Approve proposed amendments to the adopted budget for Fiscal Year ending June 30, 2019, and authorize the Finance Director to take such actions to effectuate the change in the City’s budget. XI. CITY ADMINISTRATOR'S REPORTS A. Public Safety Messaging Community Engagement Plan 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report. B. First Street Repair Communication Plan 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report. XII. CITY ATTORNEY'S REPORTS City Council Regular Meeting Agenda 06/4/2018 Page7 XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy Fire Fighters B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU Between City of Gilroy & Gilroy Police Officers 1. Public Comment on Closed Session Items 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT MEETING DATES JUNE, 2018 4* Regular Meeting - 6:00 p.m., City Council Chambers 18* Regular Meeting - 6:00 p.m., City Council Chambers JULY, 2018 2* Regular Meeting - 6:00 p.m., City Council Chambers AUGUST, 2018 6* Regular Meeting - 6:00 p.m., City Council Chambers 20* Regular Meeting - 6:00 p.m., City Council Chambers 1 City Council Meeting Minutes 05/21/2018 City of Gilroy City Council Meeting Minutes May 21, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:03 PM by Mayor Roland Velasco 1. Pledge of Allegiance Council Member Tucker led the pledge of allegiance. 2. Invocation Pastor Chris Soto from New Hope Community Church led the invocation. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Suzanne Guzzetta reported that the agenda was posted on May 16, 2018 at 5:15 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 6:00 PM Marie Blankley Council Member Present 5:46 PM Dion Bracco Council Member Present 6:00 PM Daniel Harney Council Member Present 5:59 PM Peter Leroe-Muñoz Council Member Present 6:00 PM Fred Tovar Council Member Present 6:00 PM Cat Tucker Council Member Present 5:52 PM B. Orders of the Day There were no agenda changes. C. Employee Introductions Community Development Director Abrams introduced newly hired Management Analyst Alex Halcon. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Proclamation Naming May as Foster Care Awareness Month Mayor Velasco presented the proclamation to Carmen Vargas, Beatrice Trotter and George Burnette. III. PRESENTATIONS TO THE COUNCIL A. Public Comments on Items Not on the Agenda Adam Henig announced the 38th Annual Special Friends Golf Tournament on Friday, June 1st at the Gilroy Golf Course to support Recreation Department participants with special needs. 6.A Packet Pg. 8 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 05/21/2018 B. Presentation by Tim Gavin - Encouraging Traffic on Welburn to Use First Street in Conjunction with the Work on Leavesley Road - Monterey Road - First Street The presentation was given by Tim Gavin. Public comment was opened. Marissa Lopez voiced concerns regarding speeding and traffic on Mantelli Drive. She asked that the City do something to fix the problem. Sonya M. Gibbons passed around a picture of a car that crashed through her living room on Mantelli Drive and related the incident. She asked that the City do something to fix the problem. Leandra Dommert highlighted fears for pedestrians walking on the sidewalks of Mantelli Drive from speeding and racing cars jumping the curb. Stacy Arnott offered additional information about speeding and drunk driving on Welburn Avenue including her son twice being hit on h is bicycle crossing the street coming home from school. Sean Reedy provided information on the Bicycle Pedestrian Commission and services available including walking school buses on both Welburn Avenue and Mantelli Drive. Manuel Haro presented on additional incidents that occurred on Welburn Avenue. Ron Kirkish made observations on the use of speed bumps and asked why the City of Gilroy doesn't use them. Rory Arnott asked for the City to take a look at the size of the street at Welburn between Wayland Lane and Wren Avenue, and how the street increases in width past Wren Avenue. Public comments were then closed. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker reported on highlights from the Gilroy Welcome Center Board Meeting including the continuing increase of TOT Tax Collection by 3.5% over the previous year, revenue per average room trending $4.21 over 2017, and reaching the adopted goal of $72.10. Meanwhile, unique visitors are trending 35% less than the previous year, however internation al marketing statistics show that visitors are visiting from around the globe. Council Member Blankley reported that she will be attending the monthly meetings of the Economic Development Committee, the EDC Partnership Committee Meetings, and stated that she had done a financial analysis of Gilroy and Morgan Hill, and was offering it for review. 6.A Packet Pg. 9 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 05/21/2018 Mayor Velasco reported on attending the Historic Heritage Committee meeting and on the hiring of a consultant for the City's historic inventory. In addition, he attended the Developer's Round Table indicating good discussion regarding the timelines of projects, and a checklist should be available soon. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR – Items A – E; G-I (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker A. Minutes of the May 7, 2018 Regular Meeting B. Opening of a Recruitment Period for Six Seats on the Youth Commission C. Declaration of Surplus Fleet Vehicles and Authorization to Dispose of the Surplus D. A Resolution of the City Council of the City of Gilroy Requesting Metropolitan Transportation Commission Fiscal Year 2019 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding E. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 10A, Section 10A.14 (Penalties) Pertaining to Fireworks Violation Penalties (Introduced 5/7/18 with a 7-0 vote) G. Approval of Agreements for the Countywide AB 939 Implementation Fee and the Countywide Household Hazardous Waste Collection Program H. Annual Adoption of the City's Investment Policy Per California Code Section 53646(a). I. A Resolution of the City Council of the City of Gilroy Authorizing Officers Who May Submit Applications and Conduct Financial Transactions with the California Governor's Office of Emergency Services on Behalf of the City of Gilroy VI. CONSENT CALENDAR – Item F F. Approval of Circo Hermanos Caballero Circus Event May 24 - June 4, 2018 RESULT: APPROVE [6 TO 1] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker NOES: Velasco VII. BIDS AND PROPOSALS A. Approval of a Contract Amendment With Harris & Associates in the Amount of $155,000 for On-Call Engineering and City Surveyor Services The staff report was presented by Public Works Director Awoke. There were no public comments. 6.A Packet Pg. 10 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 05/21/2018 Possible Action: Approve an Amendment to the Agreement with Harris & Associates for continued on-call engineering and City surveyor services, and approve a budget amendment in the amount of $155,000. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker VIII. PUBLIC HEARINGS A. Approval of the Community Development Block Grant and Housing Trust Fund Fiscal Year 2018-2019 Annual Action Plan The staff report was presented by Planner Carney. The public hearing was opened. Jan Bernstein Chargin indicated that within this funding year the Compassion Center had a 35% funding reduction and advocated for making up for some of that with the additional allocated funds. She noted that while the additional amount may not seem like a lot, it paid for several more hours of case management and asked the Council to take the recommendation of the committee. The public hearing was then closed. Possible Action: Approval of the Fiscal Year 2018-2019 Annual Action Plan for the Community Development Block Grant (CDBG) and Housing Trust Fund (HTF). RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker IX. UNFINISHED BUSINESS A. Presentation of Work Plans and Follow Up Information from the First Phase of the Board and Commission Assessment Report The staff report was presented by Finance Manager Atkins. Parks and Recreation Commission Chairperson Bentson presented the Parks and Recreation Commission workplan. Arts and Culture Commission Chairperson Rudeen presented the Arts and Culture Commission workplan. Public Art Committee Chair Morasca presented the Public Art Committee workplan. 6.A Packet Pg. 11 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 05/21/2018 Bicycle Pedestrian Commission Chair Hilton and Member Reedy presented the commission workplan. Public comment was opened. Jane Howard provided follow-up to the Arts and Culture Commission workplan noting that Kevin Heath was approved to join the Gilroy Welcome Center Board. Bicycle Pedestrian Commission Chair Hilton offered insights into the need to revise the Bicycle Pedestrian Commission ordinance. Chris Vanni spoke on the time it takes to get development projects through, and noted that while that commissions have a place and their voices should be heard, that shouldn't add another layer to most development projects. Public comment was then closed. Possible Action: a) Receive report and provide direction to staff; and, RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker x Presentation of Work Plans and Follow Up Information from the First Phase of the Board and Commission Assessment Report Direction was given to staff to bring back an ordinance amending the Bicycle Pedestrian Commission ordinance to add the first, third, and fourth items from the Bicycle Pedestrian Commission recommendation Possible Action: a) Consideration of the Request of the Bicycle Pedestrian Commission to amend the Bicycle Pedestrian Commission Ordinance No. 2009-03. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker B. Presentation of Proposed Conceptual Design Options for the Gilroy Center for the Arts The staff report was presented by Recreation Manager Henig and then Weston Miles Principal Architect Miles. There were no public comments. 6.A Packet Pg. 12 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 05/21/2018 Possible Action: Receive report. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker C. Review of the Draft Neighborhood Traffic Management (Traffic Calming) Program The staff report was presented by Traffic Engineer Heap. Public comment was opened. Dan Mitchell spoke on research of street type changes, requested changes to the draft program, and voiced concerns about resource availability and whether it's setting the plan up to fail. Chris Vanni congratulated staff for a well-written document, recommended additional qualifiers be added to Phase I of the program, and suggest ed a fee be attached to the application to offset program costs. Ron Kirkish spoke on the purpose of traffic calming to relieve that concern from the police. John Troini asked for a system of finality. Melanie Renner complimented staff on the document and questioned the need for a study session on traffic calming. Public comment was then closed. Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Report on City of Gilroy Use of Consultants for Professional and Technical Services The staff report was presented by Finance Manager Atkins. There were no public comments. 6.A Packet Pg. 13 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 05/21/2018 Possible Action: Receive the report. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez indicated the City was working with the Gilroy Chamber of Commerce and the Downtown Business Association to host an High Speed Rail workshop on June 8, 2018 with the High Speed Rail relocation team on the process for the relocation of existing businesses. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION There were no public comments. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property:7491 Railroad Avenue, Gilroy, APN 841 -06-001(Creamery Building) Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations:Mark Garrison; Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7517 and 7525 Monterey St, Gilroy, APN 799-06-069; Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Amit Patel and Sunil Patel on Behalf of Akshar LLC; Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7541 and 7443 Monterey St and 7440 Gourmet Alley, Gilroy, APN 799-06-048 (Dick Bruin Building); Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Jose Montes on Behalf of Sil Vest LLC;Under Negotiations: Price and Terms of Payment D. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy Fire Fighters 6.A Packet Pg. 14 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 05/21/2018 E. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU Between City of Gilroy & Gilroy Police Officers ADJOURNMENT The Council adjourned to closed session at 10:25 p.m. /s/ Suzanne Guzzetta Deputy City Clerk 6.A Packet Pg. 15 Communication: Minutes of the May 21, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Calling a General Election Municipal Election for Municipal Officers and Requesting the Santa Clara County Board of Supervisors Consolidate With the Statewide General Election to be Held on November 6, 2018 Pursuant to California Elections Code Section 10403, and Requesting Services of the Registrar of Voters Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy Calling a General Election Municipal Election for Municipal Officers and Requesting the Santa Clara County Board of Supervisors Consolidate With the Statewide General Election to be Held on November 6, 2018 Pursuant to California Elections Code Section 10403, and Requesting Services of the Registrar of Voters BACKGROUND The City will hold a general municipal election on November 6, 2018 for the purpose of electing four (4) City Council Members. The City is requesting consolidation with the Santa Clara County Registrar of Voters to conduct this election, and is required to submit the included resolution calling the election and requesting consolidation services to the County by July 5, 2018 for this governing board election. 6.B Packet Pg. 16 The estimate for these budgeted services of $64,000 anticipates an expected voter count of 15% over our current voter registration of 22,855 by November, 2018. Any subsequent ballot measure(s) to be placed on the November 6, 2018 ballot will add to these election expenses, and would require Council adoption of a subsequent Resolution no later than August 8, 2018. FISCAL IMPACT/FUNDING SOURCE These elections related costs have been budgeted in the 2018/19 fiscal budget. NEXT STEPS/PUBLIC OUTREACH Following the Council’s adoption of this resolution calling the election for the purpose of electing four (4) City Council Members, the City Clerk’s Office will publish a notice of the election in the newspaper, pursuant to Section 6061 of the Government Code. We have also dedicated a webpage on the city website to the 2018 election for City Council and will have internal posters and flyers distributed throughout the community. Attachments: 1. Reso Calling Election 2018 6.B Packet Pg. 17 RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICES, REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 6, 2018 PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403, AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS WHEREAS, Section 1400 of the City Charter of the City of Gilroy provides that a general municipal election shall be held on the regular election date established by the Election code of the State of California for the statewide General Election in each even-numbered year, commencing with the year 2010, for the election of officers and for such other purpose as the City Council may prescribe; and WHEREAS, Section 13307 of the California Election Code provides that the City may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement. WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City: the precincts, polling places and election officers of the two elections be the same so that the election be held in all respects as if there were only one election, and that the Santa Clara County Registrar of Voters canvass the returns of the General Municipal Election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. A general municipal election is hereby called in the City of Gilroy to be held on Tuesday, November 6, 2018, for the purposes of election of four (4) Councilmembers. Section 2. Pursuant to Section 13307 of the California Elections Code, each candidate for elective office to be voted for in the City of Gilroy on November 6, 2018, may prepare a candidate’s statement on an appropriate form provided by the City Clerk, as the City’s Election Official, or her designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and 6.B.a Packet Pg. 18 Attachment: Reso Calling Election 2018 (1642 : Resolution Calling General Election & Consolidation Services) RESOLUTION NO. 2018-XX qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. Any candidate’s statement submitted shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. Section 3. The candidate’s statement shall be filed in the office of the City Clerk when the candidate’s nomination papers are returned for filing. Except as provided in California Elections Code Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 4. The candidate shall be required to pay for one half of the cost of printing the candidate’s statement. Section 5. No candidate will be permitted to include additional materials in the sample ballot package, and the City Clerk or her designee shall provide each candidate or their representative with a copy of this Resolution at the time nomination papers are issued. Section 6. The City Council hereby requests, consents to and orders that the general municipal election be consolidated with the other district or statewide elections to be held on Tuesday, November 6, 2018, and that upon consolidation: the election shall be held and conducted; election officers appointed; voting precincts designated; ballots printed; election supplies provided; polls opened and closed; ballots opened and returned; return results canvassed and certified to the City Clerk, and all other proceedings in connection with the election to be regulated and completed by the Registrar of Voters of Santa Clara County. Section 6. Said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 7. Pursuant to California Elections Code Section 10262 (b), the City Clerk, upon receipt of the results of the consolidated election, shall certify the results to the City Council no later than the next regularly scheduled meeting of the City Council following the presentation of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers. Section 8. Pursuant to California Elections Code Section 10403, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the 6.B.a Packet Pg. 19 Attachment: Reso Calling Election 2018 (1642 : Resolution Calling General Election & Consolidation Services) RESOLUTION NO. 2018-XX consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 6, 2018, for the purposes of the election of Officers, and the City Clerk shall file with the Board of Supervisors and the Santa Clara County Registrar of Voters certified copies of this resolution at least eighty-eight (88) days prior to the herein referenced general municipal election. Section 9. The Santa Clara County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The City of Gilroy recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any and all related costs of consolidation. Section 10. The City Council acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide Election in the manner prescribed in California Elections Code Section 10418. Section 11. As required by California Elections Code Sections 12101 and 12102, the City Clerk shall publish the notice of said election in the City no earlier than the 127th day before the election, and no later than the 113th day before the election to fill offices. PASSED AND ADOPTED on this 4th day of June, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: _______________________________ Roland Velasco, Mayor ____________________________ Shawna Freels, City Clerk 6.B.a Packet Pg. 20 Attachment: Reso Calling Election 2018 (1642 : Resolution Calling General Election & Consolidation Services) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Final Map and Property Improvement Agreement No. 2018-05 With Filice Family Estate and Tri Pointe Homes, Inc., Tract 10446, APN 808-19-10 -024 for the Grove Luchessa Tract 10446 Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Jorge Duran Girum Awoke Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Approve the Final Map and Property Improvement Agreement No. 2018-05 With Filice Family Estate and Tri Pointe Homes, Inc., Tract 10446, APN 808-19-10 and 024. BACKGROUND On May 19, 2014, the applicant, Glen Loma Corporation, received Tentative Map approval of a master subdivision of approximately 309 acres, commonly known as the Glen Loma Ranch Specific Plan [Reference: Resolution No. 2014-19, TM 13-08 & Ordinance No. 2014-07, Z 14-01]. The Tentative Map (TM 13-08) also proposed the development of a portion of the specific plan with 369 single-family lots on 45.4+/- acres. Three neighborhoods, 1) the Mataro Neighborhood (Tract 10254 – 51 lots), 2) the Vista Bella Neighborhood (Tract 10255 – 146 lots) and 3) the Petite Sirah Neighborhood (tract 10256 – 77 lots) have obtained, by separate action, approvals by City Council of their respective Property Improvement Agreements and Final Maps. 6.C Packet Pg. 21 On June 19, 2017, City Council approved Tentative Map (TM 16-03), granting Glen Loma Corporation to subdivide an approximate 28+/- acres site into 113 single family lots, seven open space lots, a remainder lot for future development, and associated public and private streets. The subject property is located within the Glen Loma Ranch Specific Plan area, commonly known as the Grove and Luchessa neighborhoods. [Reference: Resolution No. 2017-22 and TM 16-03] DISCUSSION The owner, Filice Family Estate, a California Limited Partnership and the builder, Tri Pointe Homes, Inc., a Delaware Corporation is requesting approval of Tract 10446 Final Map and to enter into a Property Improvement Agreement (PIA) with the City for construction of the following Public Improvements: a. West 10th Street from Santa Teresa Blvd to W. Luchessa Ave, including curb, gutter, sidewalk, pavement, lighting, and landscaping. A portion of the street is subject for reimbursement of $594,001 from the Traffic Impact Fee Fund (TIF); and, b. Construction of 1,122 LF of 24” Water Main. The oversizing from 12” to 24” pipe size is subject for reimbursement of $67,320 from the City’s Water Impact Fee. As part of the Property Improvement Agreement the developer is required to provide Faithful Performance and Payment bonds of $7,28 8,548 for 100% of the estimated construction cost of the improvements. FISCAL IMPACT No net General Fund impact. Review plan check and inspection fees have been collected to cover the costs associated with this action. The developer has submitted bonding and insurance for the above referenced Property Improvement Agreement and Final Map. There are reimbursements for public infrastructure improvements as discussed above, totaling $594,001 from the Traffic Impact Fee Fund and $67,320 from the City’s Water Impact Fee. Attachments: 1. Exhibit A - Vicinity Map 2. Exhibit B - Property Improvement Agreement 3. Exhibit C - Tract Map 10446 6.C Packet Pg. 22 THE GROVE AND LUCHESSA6.C.aPacket Pg. 23Attachment: Exhibit A - Vicinity Map (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -1- 9/18/12 4828-0143-8026v3 JH\04706091 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER’S USE) Property Improvement Agreement No. 2018-05 The Grove & Luchessa – Tract 10446 APN: 808-19-010 & 808-19-024 Tri Pointe Homes, Inc., a Delaware Corporation And Filice Family Estate, a California Limited Partnership 6.C.b Packet Pg. 24 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -2- 9/18/12 4828-0143-8026v3 JH\04706091 PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR TRACT 10446 PUBLIC IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO EXTENSIONS OF WATER DISTRIBUTION SYSTEMS, IMPROVEMENT OF STREETS, INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2018-05 This Property Improvement Agreement (“Agreement”) is made and entered into this ___day of _____, 2018, by and between the City of Gilroy, a municipal corporation, herein called the “City,” and Filice Family Estate, a California Limited Partnership, herein called “Owner” and Tri Pointe Homes, Inc., a Delaware Corporation herein called the “Developer”. WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: The Grove & Luchessa, APN: 808-19-010 & 808-19- 024, a legal description of which is attached hereto and incorporated herein as Exhibit “A” (the “Property”), and as described in the project improvement plans entitled Tract 10446 – The Grove & Luchessa. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows: SECTION 1 That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 6.C.b Packet Pg. 25 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -3- 9/18/12 4828-0143-8026v3 JH\04706091 SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and/or sewer lines in or to said Property may be extended. c. To indemnify, defend with counsel of City’s choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys’ fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer’s contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in 6.C.b Packet Pg. 26 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -4- 9/18/12 4828-0143-8026v3 JH\04706091 the amount of ten percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance’s website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety’s certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. f. At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers’ compensation insurance as required by law; and (c) broad form “Builder’s Risk” property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer’s contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or 6.C.b Packet Pg. 27 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -5- 9/18/12 4828-0143-8026v3 JH\04706091 damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company’s certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City’s satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer’s sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director/City Engineer: 1. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2017-22 (TM 16-03 approval). 2. All work within the public right-of-way shall be subject to the approval of the City Engineer. 6.C.b Packet Pg. 28 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -6- 9/18/12 4828-0143-8026v3 JH\04706091 3. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria, Glen Loma Development Agreement and Glen Loma Specific Plan and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in accordance with City Standards and Glen Loma Ranch Specific Plan, Glen Loma Ranch Development Agreement and Glen Loma Ranch Master Plans as shown on the approved TM 13-08, and shall follow the most current City Master plan for streets and each utility. 4. The Developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 5. No building permit shall be issued in connection with this project if the Owner or Developer of such development (i) is not in compliance with the City’s Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any of condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 6. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 7. At least one week prior to commencement of work, the Developer shall post the site and mail to owners of property within (500’) five hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 8. If the Developer proposes to phase construction with building occupancy, the Developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate from occupied residential units. 9. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 10. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 11. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 6.C.b Packet Pg. 29 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -7- 9/18/12 4828-0143-8026v3 JH\04706091 12. Before construction utilizing combustible materials may proceed, an all-weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant, or other water source (i.e. temporary tank) acceptable to the Fire Chief, must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 13. A complete construction schedule, which shall include a detailed phasing plan (including traffic control for each proposed phase), shall be submitted and approved by the City Engineer prior to start of construction. Any deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits. (a) Upon request by the City Engineer, the Developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction. 14. The Developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval. 15. One hard copy and electronic copy of the approved/stamped PG&E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E- approved joint trench plans, the Developer will be allowed to commence joint trench work “at- risk”. The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at-risk work completed without PG&E- approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer. 16. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Building Division. [CBC] 17. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 18. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V] 19. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 20. Any damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the Developer and/or its contractor. This shall include slurry seal, overlay, street reconstruction, and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer. 6.C.b Packet Pg. 30 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -8- 9/18/12 4828-0143-8026v3 JH\04706091 21. This project is subject to post-construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. 22. Storm water BMP Operation and Maintenance Agreement (a) Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement (“Stormwater Agreement”) with the City. The City shall record the Stormwater Agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City-standard Stormwater Agreement will be provided by Public Works Engineering. (b) The Stormwater Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. (c) The Stormwater Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. (d) All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners’ or homeowners’ association or other legal entity approved by the City. (e) Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. (f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. 23. Stormwater BMP Inspections will be required for this project and shall adhere to the following: (a) The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. (b) Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 6.C.b Packet Pg. 31 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -9- 9/18/12 4828-0143-8026v3 JH\04706091 7. As applicable, the need for site re-inspection. 24. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the fall report, and no later than March 15th of the following year for the winter report. 25. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work. 26. In accordance with the California Professional Land Surveyors’ Act (California Business and Professions Code Sections 8771 and 8725), California Penal Code Section 605, and California Government Code Section 27581, the Developer, its employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with California Business and Professions Code Section 8771 at the Developer’s sole expense. 27. If there is any reimbursements payable to the Owner, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Owner named in this Agreement above, if any, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Owner shall be subject to the City’s reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City’s Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City’s reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Owner if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Owner’s reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Owner in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. a. The Owner shall be reimbursed for the following public improvements: i. West 10th Street between Santa Teresa Boulevard and West Luchessa Avenue with reimbursement amount of $594,001.00, being a portion of the Traffic Impact Fee (TIF) budget for 10th Street extension from Uvas Park Drive to Santa Teresa Boulevard. ii. 1,122 LF of 24” Water Main with reimbursement amount of $67,320.00 per the City of Gilroy Comprehensive Fee Schedule for Oversized Water Main Reimbursements. 6.C.b Packet Pg. 32 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) -10- 9/18/12 4828-0143-8026v3 JH\04706091 SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE TO CITY $4,285,154.92 CITY OF GILROY DEVELOPER By: By: Gabriel A. Gonzales City Administrator Name: Date: Title: Date: ATTEST: OWNER: By: Shawna Freels, City Clerk Name: Title: Date: APPROVED AS TO FORM: Andrew L. Faber, City Attorney NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH EXHIBIT A – LEGAL DESCRIPTION] [ATTACH CURRENT NOTARY FORM(S)] 6.C.b Packet Pg. 33 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) Order Number: 0192-5525414 Page Number: 6 First American Title Page 6 of 15 LEGAL DESCRIPTION Real property in the City of Gilroy , County of Santa Clara, State of California, described as follows: PARCEL 1: PARCEL O, AS SHOWN ON MAP OF TRACT 10254, FILED OCTOBER 22, 2014, MAP BOOK 876, PAGES 42 THROUGH 53, SANTA CLARA COUNTY RECORDS. PARCEL 2: PARCEL 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP BEING A PORTION OF LAS ANIMAS RANCH LOT 11 ACCORDING TO MAPS ACCOMPANYING THE FINAL REPORT OF THE REFEREES IN THE PARTITION OF LAS ANIMAS RANCHO SANTA CLARA COUNTY RECORDS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 21, 1998 IN BOOK 709 OF MAPS, AT PAGES 18 AND 19, AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED MARCH 17, 1999 UNDER DOCUMENT NO. 14709294, OFFICIAL RECORDS. APN: 808-19-024 (Parcel 1) and 808-19-010 (Parcel 2) 6.C.b Packet Pg. 34 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) Order Number: 0192-5525414 Page Number: 7 First American Title Page 7 of 15 6.C.b Packet Pg. 35 Attachment: Exhibit B - Property Improvement Agreement (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 36Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 37Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 38Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 39Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 40Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 41Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 42Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 43Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 44Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 45Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 46Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) 6.C.cPacket Pg. 47Attachment: Exhibit C - Tract Map 10446 (1638 : Final Map and PIA No. 2018-05 for the Grove Luchessa Tract 10446) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2018-2019 Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Bryce Atkins Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy Setting the appropriation limit for Fiscal Year 2018-2019. BACKGROUND Each fiscal year, the City must adopt an appropriation limit on the City’s expenditures made from tax sources in conformance with Proposition 4, otherwise known as the GANN Initiative. The GANN Limit typically exceeds the amount of actual City expenditure and serves to set the maximum upper limit of expenditure even though the City’s expenditures are not as high as the limit itse lf. Proposition 4 and the subsequent Proposition 111 sets forth the procedure for calculating the limit, which is based upon the approved appropriations limit from the prior year, adjusted each year for inflation and population growth factors. Only thos e General Fund revenues received from proceeds of taxes (such as Sales Tax, Property Tax, Utility Tax, Transient Occupancy Tax, etc.) are subject to this limit. In addition, proceeds of taxes may be spent on several types of appropriations which do not count against the GANN Limit. The law allows a city to spend tax proceeds on voter-approved 6.D Packet Pg. 48 debt, costs of complying with court orders and federal mandates, with certain restrictions, and expenditures for qualified capital outlay. Appropriations for these excludable categories do not count against the GANN Limit. ANALYSIS The indices used for calculating the appropriation limit were the California per capita income growth (3.67%) and the City of Gilroy’s population growth (0.50%). Based on these factors, the appropriation limit for 2018-2019 is $168,139,825. The City’s tax proceeds subject to the FY 2016-2017 GANN Limit, based on budgeted projections, are equal to $42,112,266. Fiscal Year 17-18 Appropriation Limit $ 161,380,639 Fiscal Year 18-19 Growth Factors based on California Per Capita Income (3.67%) and the City of Gilroy Population Change (0.50%) (1.0367 * 1.0050) 1.0418835 Fiscal Year 18-19 Appropriation Limit $ 168,139,825 Fiscal Year 18-19 Appropriations Subject to Limit (Budgeted Tax Proceeds) $ 42,112,266 Dollar Amount Under Limit $ 126,027,559 The calculations and worksheets for this determination are attached to this staff report. Additionally, the worksheets for this calculation were posted on the exterior public notices board at City Hall on Friday, May 18, two days before the 15 day required posting time before this agenda item is to be considered. ALTERNATIVES No other viable alternative is available. The establishment of the Gann limit is required by the State Constitution, and methodology established by Proposition 4 and the subsequent Proposition 111. FISCAL IMPACT/FUNDING SOURCE None. CONCLUSION Based upon the formula set forth in Proposition 111, the difference of $126,027,559 demonstrates that the City is substantially below the maximum allowable appropriation limit, and should remain so in the foreseeable future. Attachments: 6.D Packet Pg. 49 1. GANN Limit Resolution 6.D Packet Pg. 50 RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE CITY OF GILROY APPROPRIATION LIMIT FOR FISCAL YEAR 2018-2019 WHEREAS, the voters of the State of California elected to add Article XIII. B. of the California Constitution known as the Gann Initiative and Proposition 4; and WHEREAS, the State of California, Department of Finance, and the League of California Cities have established uniform guidelines and have published appropriate percentages for California per capita personal income and population changes for the implementation of the subject limit. NOW, THEREFORE, BE IT RESOLVED that the appropriation limit for the City of Gilroy for Fiscal Year 2018-2019 is $168,139,825. PASSED AND ADOPTED at a Regular Meeting of the City Council this 4th day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, Cit y Clerk 6.D.a Packet Pg. 51 Attachment: GANN Limit Resolution (1673 : Gann Limit FYE 2019) City of Gilroy STAFF REPORT Agenda Item Title: Transfer of Interest Income From the Museum Vase Endowment Trust to the Gilroy Museum Fund Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Approval of the transfer of $318.66 from the Museum Vase Endowment Trust Fund (814) to the Gilroy Museum Fund (801). BACKGROUND On September 5, 2007, the Gilroy Historical Society and the City of Gilroy entered into an Endowment Trust Agreement, for the purpose of establishing an Endo wment Trust account for the Gilroy Museum. The Kaiser Wilhelm vase was deaccessioned from the Museum collection and sold at auction on February 11, 2009 , for $37,500. Funds from the sale of the vase were deposited in the Endowment Trust account (814 -2400-0499- 3710). Per the Trust Agreement, interest income generated from the funds may be transferred annually for use by the Gilroy Museum. Currently the Gilroy Museum has an established 801 account (801-2402-D149-3899), which has been designated to receive the funds. The agreement also states that if a letter is received from the Gilroy Historical Society making this request, the interest from the Trust will be transferred to the M,,useum’s 801 account. 6.E Packet Pg. 52 On April 10, 2018 at the regular meeting of the Arts and Culture Commission, the Gilroy Historical Society presented a letter requesting the annual interest income be transferred to the Museum’s 801 account, and stated that those monies will be used for budgeted items to preserve and protect the collection . After receiving a verbal and written request from Connie Rogers, Gilroy Historical Society President, the Arts and Culture Commission approved a motion recommending that the annual interest income from the Endowment Trust totaling $318.66 be transferred to the Museum’s 801 account. ALTERNATIVES Council could deny the transfer request, however this is not recommended as the transfer of funds is consistent with the terms and conditions of the trust agreement. FISCAL IMPACT/FUNDING SOURCE This transaction has no impact on the City’s finances. Attachments: 1. Gilroy Historical Society Request 4-10-2018 2. Endowment Trust Financials 3. Art - Culture Commission Minutes 4-10-2018 6.E Packet Pg. 53 6.E.a Packet Pg. 54 Attachment: Gilroy Historical Society Request 4-10-2018 (1685 : Disposition of Interest Income From Museum Vase Endowment Trust) City of Gilroy #814 Museum Endowment Trust 6/30/2017 9/16/17 Beginning Fund Balance 7/1/16 42,097.05$ Revenue Additions: Interest earned FY17 318.66$ Sale of books from museum collection -$ Museum donation -$ Total Revenue 318.66$ Expenses Less: Interest transfer (prior yrs.) to fund #801 -$ Total Expense -$ Ending Fund Balance 06/30/17 42,415.71$ 6.E.b Packet Pg. 55 Attachment: Endowment Trust Financials (1685 : Disposition of Interest Income From Museum Vase Endowment Trust) 6.E.c Packet Pg. 56 Attachment: Art - Culture Commission Minutes 4-10-2018 (1685 : Disposition of Interest Income From Museum Vase Endowment Trust) 6.E.c Packet Pg. 57 Attachment: Art - Culture Commission Minutes 4-10-2018 (1685 : Disposition of Interest Income From Museum Vase Endowment Trust) 6.E.c Packet Pg. 58 Attachment: Art - Culture Commission Minutes 4-10-2018 (1685 : Disposition of Interest Income From Museum Vase Endowment Trust) 6.E.c Packet Pg. 59 Attachment: Art - Culture Commission Minutes 4-10-2018 (1685 : Disposition of Interest Income From Museum Vase Endowment Trust) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A A Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Miguel Trujillo Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A. EXECUTIVE SUMMARY Pursuant to Gilroy City Code Section 10A.8(b), the Fireworks Service Fee is to be determined each year by the City's Fire and Police Chief and adopted by resolution. The Fireworks Service Fee is intended to provide funding for the City to take actions to curb the use of illegal and dangerous fireworks that occurs in conjunction with the legal us e of Safe and Sane Fireworks during the 4th of July celebration. The Fireworks Service Fee is separate and different from the booth permit and application fee that is assessed for the operation of the Safe and Sane Fireworks sales booths. POLICY DISCUSSION 6.F Packet Pg. 60 The City Code does not specify what the Fireworks Service Fee is to cover or how the Mitigation Plan is to be structured. Over the years it has stabilized, based on past practices, to consist of: Staffing additional dispatchers and patrol staff by the Police Department for the evening of July 4th; staffing an additional Fire Engine to be on duty for the evening of July 4th by the Fire Department; the bulk mailing of an English/Spanish notification postcard to all Gilroy mailing addresses and the coordination of any administrative citations issued and the subsequent appeals hearings, if needed, performed by the Fire Marshal’s office. BACKGROUND Gilroy City Code Section Sec. 10A.8 requires that a Fireworks Service Fee be paid by the Safe and Sane Fireworks Vendors to fund additional staff resources to counter the use of illegal and dangerous fireworks during the July 4th celebrations. The Fireworks Service Fee is to provide cost recovery for the Gilroy Fire and Police Departments' Fireworks Mitigation Plan. The City Code establishes that there is a limit of 16 booth permits and grandfathers the booth permit to organizations that have had a permit the year before. If an organization no longer qualifies, or does not apply for a booth permit, a drawing is held of any additional applicants that apply for a permit. Currently one vendor provides the fireworks to the 16 non-profit organizations that have a booth permit. The vendor monitors the organizations and the prospect for a booth permit to become availa ble. In the past 20 years only 2 organizations have left the fireworks booth permit program. This year, the City of Gilroy Adaptive Recreation Program has elected not to continue participating as one of the ongoing applicants. As such, a new nonprofit organization, Community Agency for Resources Advocacy and Services (CARAS), has applied and been granted the available booth permit. A lottery was not necessary as a waiting list was not in effect and the applicant reached out to the City of Gilroy. The applicant, a local non-profit organization, meets all the required non-profit criteria and was selected to participate following a review of the applicant’s background and qualifications. How, or if, the vendor then recoups the fee from the 16 non-profit organizations is a contractual arrangement between the vendor and the non- profit booth organizations, and is not dictated by the City Code. However the vendor typically assesses a p ortion of the estimated fee to each organization. This has ranged from 6-8% of the organizations’ revenue, which is dependent on the fee and that year’s revenues. ANALYSIS The cost of the 2018 Fireworks Mitigation Plan was based on the attached spread sheet and comes to $33,460.20. The Police Department, Fire Department, and Fire Marshal's Office each provided the cost analysis for their portion of the plan using the Finance Department’s calculated hourly rate by position. Exhibit A provides the cost breakdown. The attached Resolution is to adopt the Fireworks Service Fee for implementing the 2018 Plan. 6.F Packet Pg. 61 The fee is paid by the wholesale vendor that supplies the State Certified Fireworks to the non-profit organizations. The fee is deposited into an 801 account and is transferred to each Department’s overtime and/or cost recovery accounts. The warning postcard printing and mailing is paid directly to the vendor that performs the service. Since the fees are based upon the costs provided by each department there is typically not a shortage or overage. However, if an excess condition was to occur, excess monies would be held and applied to the next year’s program. There would not be a shortage since each Department determines the level of staffing cost as part of the fee calculation for the fee resolution. ALTERNATIVES 1. The City Council can adopt a resolution, pursuant to Gilroy City Code Section 10A.8(b), to establish the Fireworks Service Fee as determined by the City's Fire and Police Chief. The Fireworks Service Fee is intended to provide funding for the City to take actions to curb the use of illegal and dangerous fireworks that occurs in conjunction with the legal use of Safe and Sane Fireworks during the 4th of July celebration. This action is recommended. 2. The City Council could decide to take no action. A Fireworks Service Fee would not be established to provide funding to curb the use of illegal and dangerous fireworks. The additional enforcement would not occur, be funded by the taxpayers through the general fund or a combination of reduced enforcement with taxpayer funding. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE No net costs to the City are expected as the fee charged to the vendor is based on the actual cost of carrying out the plan. CONCLUSION The fee will reimburse the City for the implementation of the Fireworks Mitigation Plan. NEXT STEPS If approved, staff would then implement this year’s Illegal and Dangerous Fireworks Mitigation Program, and apply the fee as authorized. PUBLIC OUTREACH The Fire Marshal’s office will produce and send out post card mailers to all Gilroy addresses to inform the public about illegal and dangerous fireworks. The Fire Marshal’s Office will also coordinate with the Public Information/Community Engagement Office (PIO) to release the same information on media ch annels used by the PIO for community engagement. Attachments: 6.F Packet Pg. 62 1. Fireworks Mitigation Fee Resolution 2018 2. Fireworks Flyer - Restrictions - Eng-Span - 3. Mitigation Fee Cost Calculation 2018 6.F Packet Pg. 63 -1- RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMPACTS ON CITY FIRE AND POLICE SERVICES RELATED TO THE SALE AND USE OF SAFE AND SANE FIREWORKS PURSUANT TO GILROY CITY CODE CHAPTER 10A WHEREAS, Chapter 10A of the City of Gilroy (“City”) City Code regulates the local retail sale, use and storage of “safe and sane fireworks” as defined in 12529 of the Health and Safety Code of the State of California; and WHEREAS, the City Fire and Police Departments each year experience a significant number of non-routine Fire and Police requests for services, emergency calls and citizen complaints, all of which are directly related to the use of illegal and legal fireworks during 4 th of July celebrations; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding section 10A.8(b) to Chapter 10A of the City Code to establish a permit fee for fireworks sales, and a fireworks service fee to alleviate the financial impacts of providing public safety s ervices directly related to the 4th of July celebrations; and WHEREAS, Ordinance No. 2004-03 requires that the fireworks service fee be determined by the City’s Fire and Police Chiefs and adopted annually by City Council resolution; and WHEREAS, the City Council also on April 5, 2004, adopted Resolution No. 2004-24, directing the City’s Fire and Police Chiefs to develop a Fireworks Mitigation Strategy for the upcoming 4th of July celebrations each year, setting forth the amount of the fireworks service fee to recover the anticipated costs. WHEREAS, the City Fire and Police Chiefs have developed a Fireworks Mitigation Strategy for the 4th of July, 2018, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $33,460.20; and 6.F.a Packet Pg. 64 Attachment: Fireworks Mitigation Fee Resolution 2018 (1700 : 2018 Public Safety Fireworks Mitigation Fee) -2- RESOLUTION NO. 2018-XX WHEREAS, the City Council on June 4, 2018 reviewed the Fireworks Mitigation Strategy Fee for 4th of July, 2018, attached hereunto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. Based on the July 4, 2018 Fireworks Mitigation Strategy, the fireworks service fee for 2018 has been determined to be $33.460.20 PASSED AND ADOPTED this 5th day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ Roland Velasco, Mayor ATTEST: __________________________________ Shawna Freels, City Clerk 6.F.a Packet Pg. 65 Attachment: Fireworks Mitigation Fee Resolution 2018 (1700 : 2018 Public Safety Fireworks Mitigation Fee) ONLY USE SAFE AND SANE FIREWORKS July 1 through July 4th (midnight) ONLY an adult should be lighting fireworks ONLY in front of your home, in your driveway or in the street in front of your home. DO NOT use at Public Schools or Public Parks. DO NOT use fireworks outside of Gilroy City Limits DO NOT use safe and sane fireworks in or near HILLSIDE AREAS-see web page for locations FIREWORKS that shoot into the air or explode are ILLEGAL & DANGEROUS ! ONLY BUY at one of the 16 GILROY booths! TO REPORT VIOLATIONS CALL 408-846-0350 THERE ARE CITATIONS & FINES FOR VIOLATION OF THESE LAWS Go to: http//www:cityofgilroy.org for sales booth locations and areas of prohibition =============================================== RESTRICCIONES PARA FUEGOS ARTIFICIALES ÚNICAMENTE USO FUEGOS ARTIFICIALES seguro y sano 1 de Julio al 04 de Julio (medianoche) ÚNICAMENTE un adulto debe estar encendiendo fuegos artificiales ÚNICAMENTE en frente de su casa, en su camino de entrada o en la calle frente a su casa NO use en las Escuelas Públicas o de Parques Públicos NO use los fuegos artificiales fuera de los límites de la ciudad de Gilroy NO use los fuegos artificiales seguros y sanos en o cerca de las ZONAS DE LAS COLINAS-consulte la página web para las ubicaciones FUEGOS ARTIFICIALES que disparan al aire o explotan son ILEGAL Y PELIGROSO! ÚNICAMENTE compre en una de las 16 puestos de GILROY! REPORTAR VIOLACIÓNES 408-846-0350 http // www: cityofgilroy.org para ubicaciones de las puesta de ventas y áreas de prohibición GILROY FIREWORKS SAFETY 6.F.b Packet Pg. 66 Attachment: Fireworks Flyer - Restrictions - Eng-Span - (1700 : 2018 Public Safety Fireworks Mitigation Fee) FIREWORKS MITIGATION FEE CALCULATION July 4, 2018 Hourly Number Hours Total Police Department Patrol (OT)218.39 12 5.5 14,413.74$ Dispatch (OT)188.39 2 5.5 2,072.29$ TOTAL POLICE 16,486.03$ Fire Department Firefighters (OT)143.51 2 10 2,870.20$ Fire Captain (OT)164.06 1 10 1,640.60$ Fire Engineer (OT)153.96 1 10 1,539.60$ TOTAL FIRE 6,050.40$ Fire Prev. Postcard Flyer to all addresses in the city (18,000)10,090.62$ FM Admin(fully burden rate)166.63 1 5 833.15$ TOTAL Fire Prevention 10,923.77$ TOTAL PROGRAM 33,460.20$ 6.F.c Packet Pg. 67 Attachment: Mitigation Fee Cost Calculation 2018 (1700 : 2018 Public Safety Fireworks Mitigation Fee) City of Gilroy STAFF REPORT Agenda Item Title: Consideration of the Appointment of VTA Bicycle Pedestrian Advisory Committee Representative for a 2 Year Term Ending July 1, 2020 Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Gary Heap Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Appointment of Carolyn Schimandle to the VTA Bicycle Pedestrian Advisory Committee Representative for a or a 2 Year Term Ending July 1, 2020 BACKGROUND The Santa Clara Valley Transportation Authority (VTA) is seeking a Gilroy member representative to serve on the Bicycle Pedestrian Adviso ry Committee for a 2-year term. The current seated member Carolyn Schimandle is interested in serving another term, and wishes to be reappointed. At their May 23, 2018 meeting the Gilroy Bicycle Pedestrian Commission unanimously recommended her re-appointment. CONCLUSION The Council’s re-appointment of Carolyn to another 2-year term will provide the City with continued representation on the VTA Bicycle Pedestrian Advisory Committee. Her application is included with this report. 6.G Packet Pg. 68 Attachments: 1. Application for VTA BPAC rep 2018 Schimandle 6.G Packet Pg. 69 City of Gilroy Application for Board, Commission and Committee Appointment Board /Commission/Committee of Interest: _____________________________________ Name: __________________________________________________________________ Phone numbers(s) / email address*:___________________________________________ Are you a registered voter within the City limits? Yes_____ No_____ Physical Address*:________________________________________________________ List your qualifications for this appointment: _____________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ List any service to the community including any prior appointments:__________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ What are your goals while serving on this Board/Commission/Committee?: ____________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Why are you the most qualified to serve on this Board/Commission/Committee?:________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ *All Board, Commission and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 6.G.a Packet Pg. 70 Attachment: Application for VTA BPAC rep 2018 Schimandle (1707 : VTA BPC Appointment) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Releasing Unclaimed Checks to the City’s General Fund in Accordance with California Government Code Section 50055 Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Rosemary Guerrero Rosemary Guerrero Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Econom y ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy to release unclaimed checks to the City of Gilroy pursuant to California Government Code Section 50055. BACKGROUND The City of Gilroy has several checks that have been outstanding and unclaimed for more than one year. According to guidelines set forth by the California Government Code Section 50055, any individual check for less than fifteen (15) dollars, or any amount if the payee’s name is unknown, which remains unclaimed for the period of one year may be transferred to the General Fund by the City Council without the necessity of public notification in a newspaper. ANALYSIS In compliance with the above guidelines, staff recommends the adoption of a resolution 6.H Packet Pg. 71 to claim these outstanding check items and transfer the total amount ($35.99) to the City’s General Fund. FISCAL IMPACT/FUNDING SOURCE Release of these unclaimed funds will increase General Fund revenue by $35 .99. Attachments: 1. Reso Unclaimed Under 2. Check under $15 6.H Packet Pg. 72 RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO RELEASE UNCLAIMED CHECKS TO THE CITY OF GILROY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 50055 WHEREAS, the attached list of checks have been outstanding and unclaimed for more than one year; and WHEREAS, each of the checks listed on the attached summary is less than fifteen (15) dollars or any amount if the payee’s name is unknown. NOW, THEREFORE, BE IT RESOLVED that the unclaimed checks on the attached list in the total amount of $35.99 shall be transferred to the General Fund or other fund(s) so designated, in accordance with Section 50055 of the California Government Code. PASSED AND ADOPTED this 21st day of May, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ______________________________ Roland Velasco, Mayor ATTEST: _________________________ Shawna Freels, City Clerk 6.H.a Packet Pg. 73 Attachment: Reso Unclaimed Under [Revision 5] (1656 : Stale Dated Checks Under $15) OUTSTANDING CHECKS UNDER $15 Check issued before 4/30/2016 Check No Check Date Vendor No.Vendor Name Amount Cost Center Account Project 181543 07/22/2016 UB003202 LUIS JR. , HOWARD P 13.81 801 1514 181815 08/12/2016 1T17030 VALENTINA RAMIREZ 8.00 29025250000 3620 183429 01/27/2017 1T17080 PAULA LEYVA 2.50 29025850000 3620 183577 02/10/2017 UB003279 SHURDEN, BERNICE 11.68 801 1514 Overall - Total 35.99 Mar 28, 2018 1 11:33:42 AM 6.H.b Packet Pg. 74 Attachment: Check under $15 (1656 : Stale Dated Checks Under $15) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Releasing Unclaimed Checks to the City’s General Fund in Accordance with California Government Code Section 50053 Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Rosemary Guerrero Rosemary Guerrero Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Econom y ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy to release unclaimed checks to the City’s General Fund in accordance with California Government Code Section 50053. BACKGROUND The City of Gilroy has several checks that have been outstanding and unclaimed for more than three years. According to guidelines set forth by the California Government Code Section 50053, any individual check for more than fifteen ($15) dollars, which remains unclaimed for more than three years, may be transferred to the General Fund by the City Council after public notification in a local newspaper. Attached is the notice which was advertised on April 6th and again on April 13th in the Gilroy Dispatch. ANALYSIS 6.I Packet Pg. 75 In compliance with the above guidelines, staff recommends the adoption of a resolution to claim these outstanding check items and transfer the total amount ($233.86) to the City’s General Fund. FISCAL IMPACT/FUNDING SOURCE Release of these unclaimed funds will increase General Fund revenue by $233.86. PUBLIC OUTREACH Notification to the public was made via Gilroy Dispatch advertisements on April 6 and April 13, 2018. Attachments: 1. Reso Unclaimed Checks Over 2. Check over $15 3. Advertisement - Unclaimed Money FY17-18 6.I Packet Pg. 76 RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO RELEASE UNCLAIMED CHECKS TO THE CITY OF GILROY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 50053 WHEREAS, the attached list of checks have been outstanding and unclaimed for more than three years; and WHEREAS, a Public Notice of unclaimed funds was advertised in a newspaper of local circulation, NOW, THEREFORE, BE IT RESOLVED that the unclaimed checks on the attached list in the total amount of $233.86 shall be transferred to the General Fund or other fund(s) so designated, in accordance with Section 50053 of the California Government Code. PASSED AND ADOPTED this 21st day of May, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ______________________________ Roland Velasco, Mayor ATTEST: _________________________ Shawna Freels, City Clerk 6.I.a Packet Pg. 77 Attachment: Reso Unclaimed Checks Over [Revision 3] (1655 : Stale Dated Checks) OUTSTANDING CHECKS OVER $15 from March 2015 Check No Check Date Vendor No.Vendor Name Amount Cost Center Account Project 173976 08/08/2014 UB002885 BARBACHANO, TERESA H 41.83 801 1514 174228 08/22/2014 1T15072 RAMANAND KINI 100.00 8012400D104 3899 175167 11/14/2014 UB002914 PORROVECCHIO, NICK 56.34 801 1514 175803 01/30/2015 UB002946 GONZALEZ, HUMBERTO 35.69 801 1514 Overall - Total 233.86 Mar 28, 2018 1 11:29:24 AM 6.I.b Packet Pg. 78 Attachment: Check over $15 (1655 : Stale Dated Checks) CITY OF GILROY FINANCE DEPARTMENT 7351 Rosanna Street Gilroy, CA 95020 Notice is hereby given that the City of Gilroy is holding funds for the following persons and businesses. If said funds are not claimed by June 1, 2018, these funds will become the property of the City of Gilroy in accordance with California Government Code Section 50052. The said funds may be released to the depositor, their heir, beneficiary, or duly appointed representative provided a claim form has been completed with the necessary information. The information needed is as follows: Name, address, telephone number, and social security number (or FEIN). Amount of claim. Proof of identity, such as copy of driver’s license, social security card or birt h certificate. Grounds on which claim is founded. The Unclaimed Money Claim Form is available at the City of Gilroy Finance D epartment, located at 7351 Rosanna Street in Gilroy. Persons or entities with funds on deposit for three (3) years are: Name Amount BARBACHANO, TERESA H $ 41.83 RAMANAND, KINI $ 100.00 PORROVECCHIO, NICK $ 56.34 GONZALEZ, HUMBERTO $ 35.69 6.I.c Packet Pg. 79 Attachment: Advertisement - Unclaimed Money FY17-18 [Revision 1] (1655 : Stale Dated Checks) City of Gilroy STAFF REPORT Agenda Item Title: Contract Amendment with EPC IT Solutions in the Amount of $406,000 for Network and Infrastructure Improvements Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Scott Golden Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Approval of a $406,000 contract amendment with EPC IT Solutions over the next two (2) years to provide Information technology (IT) professional services for network and infrastructure improvements, and authorize the City Administrator to execute the agreement. EXECUTIVE SUMMARY Staff recommends the approval of a $406,000 contract amendment with EPC IT Solutions over the next two (2) years to provide Information technology (IT) professional services for network and infrastructure improvements. BACKGROUND EPC has been providing IT consulting services to the City since August 2015 after the City explored the use of various vendors due to vacancies in the City’s Information Technology Division. EPC provides services under two government contracting programs, the California Multiple Award Schedules (CMAS) and the US General 7.A Packet Pg. 80 Services Administration (GSA). The procedures of both of these programs have been reviewed by the City’s Purchasing Coordinator and comply with the City’s formal competitive Request for Proposal (RFP) requirements. EPC was originally contracted to provide onsite IT staffing to supplement vacant IT positions, primarily the role of IT Technician. EPC staff had filled this role well with consistent onsite staffing on a daily basis. The most recent contract amendment was in February of 2017 for EPC to continue providing IT professional services and expanded to allow for cabling work, installation and configuration of a Next Generation Firewall, and for the external wireless network replacement. When initially established, the City’s agreement with EPC fell below the dollar threshold required for Council approval. As EPC has continued to provide IT services to the City, the cost of their services has exceeded the purchasing limits authorized for approval at the staff level (contracts under $100,000), thus to date Council has approved contracts with EPC for a total of $390,000. The IT Division is currently functioning with only three staff members and as recently as 2008, was staffed with seven employees including a Network Administrator position which was eliminated as part of the City’s budget cuts. The City’s Application Administrator has been vacant for more than two years (despite modernization of the job title and multiple recruitments) and has necessitated that the IT Manager serve as both the City’s Application Administrator and Network Administrator. This recommendation for consulting services provided by EPC provides assistance to keep network initiatives moving forward so that the IT Manager can focus on the upcoming Enterprise Resource Planning (ERP) and Land Management System (LMS) projects. Should Council approve the IT Strategic Plan recommendation to add a Network Administrator position, EPC will help bridge one of the most immediate resource needs until positions are filled through successful recruitments. PROPOSED SCOPE OF WORK Staff recommends an increase to the scope of the existing contract to include: 1. Network Engineer expertise - Onsite Managed Network Services (16 hours per week), Network Assessment, Network Administrator expertise Network Configuration Services (24 hours per month) ($135,000 annually): a. Network equipment and port audit. In the current environment essentially every network connection (port in the wall) is plugged into a switch. A considerable number of those connections are not in use. This work will validate physical port usage across the agency to prepare for equipment replacement. There will also be an overall evaluation of the equipment to determine if it is appropriately matched for the environment. This audit will 7.A Packet Pg. 81 help ensure we are not overspending on equipment, buying greater capacity or more ports than what is actually needed. b. Network design and security review. Our network is overly complicated for an agency of our size. The network design review will identify areas that could be simplified for better network organization. The security review will help us to continue to improve our overall security posture. Advancing our network security protection is an ongoing initiative (the hackers never rest). c. Network equipment configuration and replacement. Fully refresh the aging network equipment throughout all City facilities with improved procurement decision making from the information derived in the above work. 2. Cabling services for City facilities ($15,000 annually) – provide for cabling installation services as needed. In many work areas City facilities do not currently have the necessary network cable infrastructure for optimum performance in a modern organization. Anytime a staff work area is modified we look at that as a potential opportunity to add network cabling to enhance the network communications. This ensures that the workspace is properly cabled moving forward. The IT Division does not have a network cabling technician on staff, nor does the amount of work warrant a City staff position. This funding provides coverage for this ongoing need. 3. External wireless network (Wi-Fi) replacement ($106,000) – This project was postponed to plan for the replacement of the City’s internal network equipment. The external Wi-Fi network is no longer supported by Cisco and requires replacement. Replacing this infrastructure will also provide service enhancement to residents. Approval of this amendment will enable IT staff to focus on significant organizational projects including the Enterprise Resource Planning and Land Management System replacement – projects that will require considerable IT involvement over the next two to three years. The new amendment would extend the term of the agreement through June 2020. This timeframe will allow for resource continuity during the time period planned for the ERP and LMS projects. ALTERNATIVES Council could choose to not authorize the contract amendment. This is not recommended as the contract enables the City to continue to move forward with much needed information technology services and upgrades. The existing network infrastructure, the majority of which is greater than 10 years old, would continue to age and put agency business continuity at risk should the equipment fail. Network security 7.A Packet Pg. 82 would also be at risk without continued investment in resources to assist in improving this area. FISCAL IMPACT/FUNDING SOURCE The cost of EPC consultants will be offset by salary savings due to vacancies in the IT division through positions proposed in the mid-cycle budget amendment. There is sufficient fund balance in the Information Technology Fund to pay for one -time purchases for projects included in the contract amendment. CONCLUSION Approval of the recommendation to increase the City’s contract with EPC will enable the Information Technology division to continue to provide customer service and invest in IT infrastructure. Attachments: 1. EPC IT Solutions - 2015 Agreement 2. ADDENDUM to Agreement for Services - EPC - 4th Amendment 7.A Packet Pg. 83 AGREEMENT FOR SERVICES For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 13 day of Jam, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: EPC IT Solutions Inc., having a principal place of business at 1324 El Camino Real, Belmont CA 94002. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on July 13, 2015 and will continue in effect through June 30, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement sh 1 terminate this Agreement regardless of any other provision stated herein. it 1 ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4835 - 2267 -0361v1 LACt04706083 7.A.a Packet Pg. 84 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) 11 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $32,500.00. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835- 2267 -03610 _2_ LAC104706083 7.A.a Packet Pg. 85 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267 -0361v1 _3 _ LAC104706083 7.A.a Packet Pg. 86 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT. acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, e CITY will not withhold state or federal income tax from payment to CONSULTANT; CITY will not make disability insurance contributions on behalf of CONSULTANT; CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4835- 2267 -03610 _4_ LAC104706083 7.A.a Packet Pg. 87 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835 - 2267 -03610 _5_ LAC104706083 7.A.a Packet Pg. 88 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 4835 - 2267 -03610 _6_ LAC104706083 7.A.a Packet Pg. 89 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835 - 2267 -03610 _7_ LAMD4706083 7.A.a Packet Pg. 90 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: EPC IT Solutions Inc. z i.- Social Security or Taxpayer Identification Number 20- 8132344 4835 - 2267 -03610 LA004706083 CITY: F GILROY By: y N. Name: 6. 4-kG'3 to t'Xd Title: Mm' 1'-ion- 7.A.a Packet Pg. 91 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) Approved as to Form z ity Attorney 4835 - 2267- 0361v1 LAC104706083 in 7.A.a Packet Pg. 92 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Scott Cornell, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Scott Cornell shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835 - 2267 -03610 LAC104706083 7.A.a Packet Pg. 93 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267 -03610 _2_ LAC104706083 7.A.a Packet Pg. 94 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans,. diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835 - 2267 -03610 _3_ LAC104706083 7.A.a Packet Pg. 95 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) H. NOTICES. Notices are to be sent as follows: CITY: Scott Golden City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Steve Guerrero EPC IT Solutions 1324 El Camino Real Belmont CA 94002 I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267 -03610 _4_ LAC104706083 7.A.a Packet Pg. 96 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) EXHIBIT "B" SCOPE OF SERVICES STATEMENT OF WORK Services To Be Covered Under This Agreement; EPC will provide staffing resources to accommodate Helpdesk augmentation and IT administration for The City of Gilroy during normal business hours. This agreement provides hourly rates for IT services offered under CMAS Contract # GS- 35F- 0050L. EPC Service Responsibilities EPC will assign qualified technicians to support THE CITY OF GILROY's Helpdesk and Network Administration requirements. These services are to be offered at an hourly rate based upon the CMAS service level as specified in the Pricing section below. EPC requests 2 weeks notification for an increase or reduction in the number of technicians needed, as well as if there is an increase or reduction in the number of days or hours required. Technical Assistance includes problem resolution services related to technical issues involving the current network infrastructure and its components. Remote Access: As a part of the resolution process, EPC may access CITY OF GILROY's equipment via VPN, dial -up or the Internet to analyze problems. Remote access may be a requirement for resolving issues remotely and CITY OF GILROY shall be informed prior to conducting remote support. Multi- Vendor coordination: EPC will work with HP and other technology vendors, when necessary to resolve problems in a heterogeneous environment, sharing diagnostic information and collaborating to provide a resolution. Customer Responsibilities 1.Provide a list of all CITY OF GILROY personnel that you have authorized to contact EPC. This list is to include the name of a point of contact prior to delivery of equipment to CITY OF GILROY premise. 2.Provide valid and applicable serial numbers, passwords, equipment roles, documentation for all products specified in equipment list. 3.For some incidents the resolution may be dependent upon the CITY OF GILROY upgrading to the latest version of code. Examples of this include but are not limited to Licensed Software / OS installed on all equipment. 4.CITY OF GILROY may be asked to perform problem determination activities as suggested by EPC. Problem determination activities may include performing network traces, capturing error 4835 - 2267 -03610 -I- LAC104706083 7.A.a Packet Pg. 97 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) messages and providing configuration information. CITY OF GILROY may also be requested to perform problem resolution activities including changing equipment configurations, installing new versions of code or new components or modifying processes. CITY OF GILROY agrees to cooperate with such requests. 5.CITY OF GILROY is responsible for procuring, installing and maintaining all equipment, telephone lines, communication interfaces and other hardware at CITY OF GILROY site while providing EPC with access to CITY OF GILROY's facilities as required to operate the version of code / licensed software and permitting EPC to perform the service called for by this agreement. Services Not Covered Under This Agreement 1.Any customization of, or labor to install hardware and/or software outside of what is specified on the provided equipment list. 2.Fumishing of accessories or the replacement of expendable parts (for example, cables, blower assemblies, power cords, and rack mounting kits). 3.Electrical or site work external to the Products. 4.Support or replacement of Product that is altered, modified, mishandled, destroyed or damaged by one or more of the following: (i) natural. causes (ii) environmental effects; (iii) your failure to take any required actions; (iv) misuse of the product or use other than as specified in the applicable vendor supplied documentation; or (v) an act or omission of a third party. 5.Any Hardware and/or memory upgrade required to run new or updated Software. 6.Service for Hardware that is installed outdoors or that is installed indoors but requires special equipment to perform such Service (for example, hoists, harness, and ladders in excess of 8 feet). 7.Support for Product for which you are unable to provide us a valid and applicable serial number. In the event that you are unable to provide a valid and applicable serial number(s) for Product and we agree to provide Services then the fees payable by you shall be at our then - current time and materials rates. Problem Priority Definitions PI — Urgent: The existing network is hard down and is presenting a critical impact to the customer's business operations. EPC will commit full time resources to resolve the problem. P2 - High: Operation of the existing network is severely degraded, or significant aspects of the customer's business operation are negatively impacted by the network performance. EPC and Customer will commit full time resources during contracted hours to resolve the problem. P3 - Medium: Operational performance of the network is impaired, while most business operations remain functional. EPC and Customer are willing to commit resources during Standard Business Hours M -F Sam to 5 pm to resolve the problem. 4835 - 2267 -03610 LAM04706083 7.A.a Packet Pg. 98 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) P4 - Low: Request for information or assistance on product capabilities, installation or configuration with little or no impact to the overall business operations. EPC and Customer are willing to provide resources during Standard Business Hours M -F Sam - 5pm to provide information or assistance as requested. Escalation Guidelines Standard Holidays Standard business hours are 9:00am to 5:00pm PST Monday through Friday, excluding these holidays observed by EPC. EPC reserves the right to add other holidays. New Year's Day, Martin Luther King Jr. Day, President's Day, Good Friday Memorial Day, Thanksgiving Day, Day After Thanksgiving, Independence Day, Labor Day, Christmas Eve, Christmas Day, Veteran's Day. 4835- 2267 -03610 _3LAC104706083 7.A.a Packet Pg. 99 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) EXHIBIT "C" MILESTONE SCHEDULE None. See Exhibit "B" Scope of Services. 4835 - 2267 -0361 v1 _ 1LAC104706083 7.A.a Packet Pg. 100 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) r EXHIBIT "D" PAYMENT SCHEDULE Work for Scope of Services: City will be charged per the hourly pricing model listed below and billed monthly with Net30 terms. Pricing This Contract Falls under the CMAS Contract 3- 14- 70 -311A Base GSA Scheduled Number GS- 35F -0050L SIN 132 -51 IT Professional Services Terms of agreement include minimum hours of service per week, excluding holidays and mandatory vacation and /or work furloughs recognized and/or enacted by the CITY OF GILROY. Contract Personnel, Rates, and Service Description: Personnel Designation GSA Hourly Rate IT Director $179.50 Applications Architect III $120.00 Computer Systems Analyst $80.00 Out of Scope: EPC can provide off hour emergency support Available before 9AM and After 5PM Available 24x7 365 per year Will be onsite within 4 hours of request 225 per hour billed in 4 hour increments 4835 - 2267 -03610 LACk04706083 Level of Expertise LAN /WAN Design & Implementation Help Desk, Intermediate LAN /WAN MGMT Basic Troubleshooting Ticket Resolution 7.A.a Packet Pg. 101 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) EPCCO -1 OP ID: KP CERTIFICATE OF LIABILITY INSURANCE 07r2o 05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORUM REPRESENTATIVE _OR_PRODUCER, AND THE CERTIFICATE _HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(les) must W endorsed: if SUBROGATION IS WAIVED, subject to the terms and condTdons of the policy, certain policies may require an endorsement A statement on'this certificate does not confer rights to the certificate-holder In lieu otsuch endomeme s San Jos Insurance Agency anc. Atiantle- Pacific ins. Brokers A -- - _ - - -- - - - - NAME:. PHIM 48or ADDRESS. 2542 S. Bascom Ave #280 CampbellI CA 95008 San Jose Insurance Agency COVERAGE NAICS INSURER A: Hanover- Insurance Company 1,000,00q N wwo EPC Computer Solutions, eawwR a-. Hartford Insurance Group 29424 1324 EI Camino Real Belmont, CA 94002 INSURER c:Oak River Insurance Company GENERALA(REGATE S.. &000,9 INSURIet o PROOUCTS - COMPIOP AGO . INSURER E: BORER F • AUTOMOBILE LIABILITY X ANY AUTO ALL OVJNEO SCHEDULED AUTOS AUTOS HIRFJDAUTOS AUTOS CAVFRAaFS CERTIFICATF NUMRER! REWWON NUMBER! THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE'LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR. MAY PERTAIN, THE INSURANCE AFFORDED BY T4E POLICIES DESCRIBED- HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O_ F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER LAM A GENERAL LL40UTY x eoMMEwAL GENERAL uAISLnY CLAIMS444DE 7x OCCUR x 270188602 10101/2014 1010112015 EACH OCCURRENCE 1,000,00q 300,00 MED EXP.Vft am pwspM 10,0 PERSONAL & ADV INJURY 3 _ 1,000,0_ GENERALA(REGATE S.. &000,9 GWL AGGREGATE LIMIT APPLIES PER x POLICY. PRO 7 Lac PROOUCTS - COMPIOP AGO . 2,000,00( - B AUTOMOBILE LIABILITY X ANY AUTO ALL OVJNEO SCHEDULED AUTOS AUTOS HIRFJDAUTOS AUTOS 67UECAM3472 10104/2014 1010412015 COMBINED SINGLE LIMIT aoGdent . - 1 000 0 a0on.v ik-jb 0i- Pm+) - BODILYINJURY (per aeddwd) E UNABRELLA LIAa EXCESS LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE S AGGREGATE is DED RETENTION C NIORRB COMPENSATION AND EMPLOYEW LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERNEMBER EXCLUDED? Makidwy in NMI If desailo under RIPTI N OF OPERATIONS below NIA EPWC660644 0110212015' 0110212018 YJC STATU- OTH- E.L. EACH ACCIDENT S 1.000,00 E.L. DISEASE - EA EMPLOYEE4, 11000,00 E.L. DISEASE- POLICY LIMIT S 1,000,00 A Pwfesslonal E &O 70188602 10/01/2014 1010IM15 PEO 1,000100 Ded 5,00 DESCRIPTION OF OPERATIONS N LOCATIONS I VEHICLES (AMaeh AOCRO 101; Ade6doeaN Re wI- Soheduk% Im me apace Is ro*drwq Certificate holder is named as additional insured with repsects to the insured operations CITYGIL SHOULD ANY OF THE ABOVE DESCRIBED POLICI_ES BE CANCELLED BEFORE City Of GU THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 94 Gilroy, Its officer's, ACCORDANCE WITH THIE POLICY PROVISIONS. officials and employees 7351 Rosanna Street AUTHORIZED NTAMYE Gilroy, CA 95020 San Jose Inpu ZI 98 010 R C All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD 7.A.a Packet Pg. 102 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) Hmnorour OBF9701886 5701132 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. to] ; • This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM M- Name Of Additional Insured Person (s) Or s : Locati s Of Covered . Operations The City of Gilroy, its Officers, 7351 Rosanna Street Officials and employees Gilroy, CA. 95020 Information required to complete this Schedule, if not shown above, will be shown In the Declarations. The following is added to Paragraph C. Who is An Insured in Section 11 - LiabiW. 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured,.but only with respect to liability for "bodily injury', property damage" or "personal and advertising Injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above.. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage° occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. SP 04 50 0106 Copyright, ISO Properties, Inc., 2005 Page 1 of 1 7.A.a Packet Pg. 103 Attachment: EPC IT Solutions - 2015 Agreement (1604 : Contract Amendment for EPC IT Solutions) -1- 4845-8215-5540v1 MDOLINGER\04706083 Fourth AMENDMENT TO AGREEMENT FOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation (“City”), and EPC IT Solutions Inc. entered into that certain agreement entitled AGREEMENT FOR SERVICES, effective on July 13, 2015, hereinafter referred to as “Original Agreement”; and WHEREAS, City and EPC IT Solutions Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. ARTICLE 1. TERM OF AGREEMENT, of the Original Agreement shall be amended to read as follows: This agreement will continue in effect through June 30, 2020 unless terminated in accordance with the provisions of Article 7 of this Agreement. 2. ARTICLE 4. COMPENSATION, Section A. Consideration, of the Original Agreement shall be amended to read as follows: In no event however shall the total compensation paid to CONSULTANT for services provided during the term of this amendment exceed $406,000.00. 3. This Amendment shall be effective on July 1, 2018. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY EPC IT Solutions Inc. By: By: [signature] [signature] Gabriel A. Gonzalez Steve C. Guerrero [employee name] [name] City Administrator EVP [title/department] [title] Date: Date: Approved as to Form ATTEST: City Attorney City Clerk 7.A.b Packet Pg. 104 Attachment: ADDENDUM to Agreement for Services - EPC - 4th Amendment (1604 : Contract Amendment for EPC IT Solutions) City of Gilroy STAFF REPORT Agenda Item Title: Award of Contract to Monterey Peninsula Engineering in the Amount of $5,451,990 for the First Street-State Route 152 Water Utility Improvements, Project No. 16-PW -217 Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Christine Salmo Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION a) Award a contract to Monterey Peninsula Engineering in the amount of $5,451,990. for the construction of First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217; establish a project contingency of $817,798 (approximately 15%), and authorize the City Administrator to execute the agreement and related documents, including amendments up to the contingency amount; and b) Appropriate $1,935,013 from the Water Fund for the project. BACKGROUND The First Street Water Utility Improvements Project includes the construction of 8,006 linear feet (LF) of a 24-inch Cement-Lined Ductile Iron (DICL) piping along First Street from Santa Teresa Boulevard to Monterey Street. The new water main will replace an existing 16-inch water main and all its associated valves, fire service laterals and hydrants, domestic potable service laterals to existing water meters, and water meters and boxes. The existing 16-inch water main will be abandoned in place and backfilled 7.B Packet Pg. 105 with concrete slurry mix. In addition, the project requires tie-ins to existing water mains at twenty-three (23) locations and requires reconnection at approximately 125 service locations along the new water main pipeline. HydroScience Engineers completed the design for the project. The project was advertised in the Gilroy Dispatch, Morgan Hill Times, and San Jose Mercury News. Plans and specifications were sent to 12 plan rooms using Arc Santa Clara website. BID RESULTS Project bids were opened April 19th, 2018, and 6 bids were received. The 6 bids received were as follows, listed in order from lowest to highest bid amount: RANK COMPANY NAME BID AMOUNT 1 Monterey Peninsula Engineering $5,451,990 2 The Don Chapin, Inc. $5,889,059 3 Daleo Inc. $7,013,007 4 Pacific Underground Construction $7,830,545 5 Graniterock $8,301,880 6 Rolfe Construction Company $9,795,783 The lowest bidder was determined based on the amount of their respective base bid. The lowest responsive bidder is Monterey Peninsula Engineering with a base bid of $5,451,990. The Engineer’s Estimate for the base bid was $5,409,866 . The recommended budget for this contract includes the base bid amount from Monterey Peninsula Engineering ($5,451,990) plus a 15% contingency ($817,798) to account for unforeseen conditions or to address necessary field changes. ANALYSIS The lowest bid for construction of this project was within 1% of the engineer’s estimate. Even though the lowest bid was close to the engineer’s estimate, there were significant variations in the contractors’ bids. In reviewing the bid results, it appears that the unit costs for the following items present the biggest differences: Traffic Control (varied amounts among bidders) Sheeting and Shoring (most of the bidders had about ½ of Engineers Estimate) 24” DICL Pipeline (all bidders had higher unit prices, some significantly higher) Fire hydrants, laterals, and valves (varied amounts among bidders) As part of the due diligence effort process, staff has met with Monterey Peninsula Engineering and discussed the following items: 1. The contractor’s understanding of project requirements 7.B Packet Pg. 106 2. The contractor’s experience with (or proposed approach) to similar projects along a state route, and major business corridor 3. Approach and resources to traffic control 4. General approach to public and/or business outreach 5. Staging of materials and equipment 6. Field office location and set up 7. Coordination with City staff and consultants Staff has determined that Monterey Peninsula Engineering understands the requirements and intricacies of the project, and has the requisite experience and expertise to responsibly perform work on this project. ALTERNATIVES The alternative is to cancel all bids and re -advertise the project with modified scope such as using regular backfill material (as opposed to low strength cementitious material), and reduced project limits. However, this option is not recommended for the following reasons: 1. All work must be performed in accordance with the State Encroachment permit which has specific backfilling requirements under the road . 2. Phasing the project into two or more separate projects will not only create unnecessary delay but will also incur additional costs due to repeat mobilization, additional traffic control costs, etc. FISCAL IMPACT/FUNDING SOURCE The total budget for this project is $5,115,669 with FY 18/19 CIP budget of $4,760,408 for the construction phase of this project. All costs are to be paid out of the Water Enterprise Fund. Currently, there is $4,334,776 remaining in the project account. Staff requests Council approval of additional appropriation from this fund in the amount of $1,935,013 to cover construction costs. There is sufficient balance in the W ater Fund. CONCLUSION In order to take advantage of the Caltrans Permit for this project, staff is recommending that the City move forward with awarding the construction contract. NEXT STEPS Staff will commence construction of the First Street Water Line Improvement Project. PUBLIC OUTREACH There will be extensive public outreach for this project as well as the First Street Sewer Line Rehabilitation Project which was awarded in March 2018. Council approved a contract with TRC Consultants in May 2016 to provide public outreach services for this 7.B Packet Pg. 107 project. TRC Consultants have already commenced public outreach activities for the sewer line project and will perform the following for both projects: development of a public outreach plan, identifying stakeholders, implementing the public outreac h plan, meeting with all the businesses along First Street to help identify specific issues, and working with various parties to best resolve the issues, develop and send public outreach messages, set up and provide management of a construction hot -line, develop letters, postcards, and/or door hangers to update businesses and residents about major construction activities. The Department of Public W orks will work closely with the City’s Public Information Office and TRC Consultants to develop and implement an effective public outreach plan. Attachments: 1. Contract with MPE First Street (SR 152) Water Utility Improvements Project No. 16 - PW -217 7.B Packet Pg. 108 7.B.a Packet Pg. 109 Attachment: Contract with MPE First Street (SR 152) Water Utility Improvements Project No. 16-PW-217 (1664 : First Street (SR 152) Water 7.B.a Packet Pg. 110 Attachment: Contract with MPE First Street (SR 152) Water Utility Improvements Project No. 16-PW-217 (1664 : First Street (SR 152) Water 7.B.a Packet Pg. 111 Attachment: Contract with MPE First Street (SR 152) Water Utility Improvements Project No. 16-PW-217 (1664 : First Street (SR 152) Water 7.B.a Packet Pg. 112 Attachment: Contract with MPE First Street (SR 152) Water Utility Improvements Project No. 16-PW-217 (1664 : First Street (SR 152) Water City of Gilroy STAFF REPORT Agenda Item Title: Introduction of an Ordinance Approving a Zone Change to Provide a Locally Historic Significance Designation to the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022, and Adoption of a Resolution Approving the Miller Red Barn Association’s Application for a County of Santa Clara Historical Heritage Grant Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Pamela Wu Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION a) Motion to read the ordinance by title only and waive further reading; and b) Introduction of an Ordinance of the City Council of the City of Gilroy approving zone change Z 18-02, a local historic designation for the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 in accordance with Gilroy City Code Section 30.27.30; and c) Adoption of a Resolution of the City Council of the City of Gilroy approving the Miller Red Barn Association’s application for a County of Santa Clara historical heritage grant for the designation of locally historic significance of the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 EXECUTIVE SUMMARY In the late 1800’s until his death in 1916, Gilroy was home to Henry Miller, the largest landowner and cattle baron of his age. In 1891, Henry Miller built a barn on the property now known as the Ranch Side of Christmas Hill Park. Its purpose was for local hay 8.A Packet Pg. 113 storage for his cattle and horses then in later years for processing stone fruit grown on Miller’s property. Through the dedicated hard work of The Miller Red Barn Association volunteers in 2016, the barn received designation as a State Historical Landmark. With the State Historical Landmark designation the Miller Red Barn Association was able to apply and receive a National Historical Landmark designation. Currently the association is working toward obtaining a grant to install a foundation around the barn. One of the grant requirements is that the Miller Red Barn has a local designation of historic significance in addition to the State and National designation the structure has already received. At its February 21, 2018 meeting the Historic Heritage Committee recommended approval of the designation to the Planning Commission. On April 29, 2018 the Planning Commission recommended approval of the Miller Red Barn as a building of local historic significance to the City Council. BACKGROUND In the late 1800’s until his death in 1916, Gilroy was home to Henry Miller, the largest landowner and cattle baron of his age. In 1891, Henry Miller built a barn on the property now known as the Ranch Side of Christmas Hill Park. Its purpose was for local hay storage for his cattle and horses then in later years for processing stone fruit grown on Miller’s property. Through the dedicated hard work of The Mille r Red Barn Association (MRBA) volunteers in 2016, the barn received designation as a State Historical Landmark. Once the State Historical Landmark designation the Miller Red Barn Association was received, the MRBA volunteers were able to apply and receive a National Historical Landmark designation. Currently the association is working toward obtaining a grant to install a foundation around the barn. One of the grant requirements is that the Miller Red Barn has a designation of “Locally Historic Significance” (in addition to the State and National designation the structure has already received). ANALYSIS General Plan Consistency: The City's General Plan designates the subject site for Park and Recreational uses, which supports the proposed project request. As such, the proposal conforms to the goals and policies of the General Plan. Key goals and policies, which pertain to the proposed project are; Historic Preservation, Preservation Funding and Incentives, and Historic Character. The local designation will allow the Miller Red Barn Association to apply for a grant to construct a concrete foundation for the barn to help in restoration of the historic building. In addition, such designation would likely provide future grant opportunities for the MRBA for historic resources Conformance with Zoning Code Development Standards: The proposed development is located in the Public Facilities zone district. In accordance with Section 30.27.30 of the Gilroy City Code (GCC), the proposed local historic designation ma y be permitted with an approved Zone Change. 8.A Packet Pg. 114 Historic Heritage Committee (HHC): The HHC shall review all applications for historical designation and pass its recommendation on to the planning commission. On February 21, 2018, the HHC considered the request and voted to support such recommendation by the Planning Commission. Planning Commission: On April 19, 2018, the Planning Commission considered the request. At this public meeting, the Commission received a presentation by staff, including the HHC’s recommendation to the Planning Commission. Several members of the Miller Red Barn Association were present in the audience to support nomination of the Miller Red Barn as a locally significant historic building, and the Commission voted in favor of such recommendation to the City Council. ALTERNATIVES 1. The Council could introduce the ordinance tonight, the first step for ordinance adoption. In addition, Council could also approve a resolution declaring the Red Barn as a building with Local Historic Significance. This would allow the Miller Red Barn Committee to apply for the concrete foundation grant and likely many other grants. This action is recommended. 2. The Council could choose to not introduce the proposed ordinance. If this option is chosen, the Miller Red Barn Committee may not qualify to apply for the grant to fund the cost for the concrete foundation. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE Per Section 30.27.30 of the Gilroy City Code, the zone change fees, which are established from time to time by the City Council, shall be waived for the establishment of a historic site. Significant time has been spent over the past couple years to assist the Miller Red Barn Association with the various historic designations. Staff involvement has occurred at the Community Development and Public Works Director, Planning Manager, City Engineer and Senior Planner levels. The City Council may recognize the partnership effort, whereby the volunteers of the Miller Red Barn Association have take n the lead to create the background documentation and efforts to secure historic designation at the Federal and State levels. While the City has not received monetary compensation for processing this request, the City will receive recognition from the historic designation of the Miller Red Barn. CONCLUSION Staff recommends that the City Council introduce an ordinance to establish the designation of Locally Historic Significance to the Miller Red Barn, located in Christmas Hill Park, Ranch Site, 7049 Miller Avenue (APN 808-18-022). NEXT STEPS 8.A Packet Pg. 115 Adoption of the ordinance will occur at the June 18, 2018 City Council meeting and will be in effect 30 days thereafter. Attachments: 1. Z 18-02 CC Red Barn Ord v1 2. Z 18-02 Recommended Council Resolution (HHGP application submittal) 8.A Packet Pg. 116 ORDINANCE NO. 2018-XX 4849-9362-0323v1 JH\04706089 ORDINANCE NO. 2018-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONE CHANGE Z 18-02, A LOCAL HISTORIC DESIGNATION FOR THE MILLER RED BARN LOCATED AT CHRISTMAS HILL PARK (APN 808-18-022) IN ACCORDANCE WITH GILROY CITY CODE SECTION 30.27.30 WHEREAS, the California Constitution, Article XI, Section 7, confers on the City of Gilroy (“City”) the power to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council adopted Gilroy City Code Article 30.27: (1) To preserve historic sites and neighborhoods that represent important elements of Gilroy’s past or contribute to the community’s identity or educational resources; (2) To enhance the visual character of Gilroy by encouraging and regulating the compatibility of architectural styles within historic sites and neighborhoods; (3) To identify and designate areas that have a significant concentration or continuity of sites, buildings or objects unified by past events or physical development; and (4) To encourage restoration of historic buildings and neighborhoods throughout the city. WHEREAS, pursuant to Gilroy City Code Section 30.27.30 the City desires to designate the Miller Red Barn as a Local Historically Significant building site by adopting zoning ordinance Z 18-02; WHEREAS, on February 21, 2018, the Historic Heritage Committee held a duly noticed public hearing and considered the public testimony, the staff report dated February 21, 2018 and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site and made its recommendation to the Planning Commission; WHEREAS, on April 19, 2018, the Planning Commission held a duly noticed public hearing and considered the public testimony, the staff report dated April 19, 2018, and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site and made its recommendation to the City Council; WHEREAS, on May 21, 2018, the City Council held a duly noticed public hearing and considered the public testimony, the staff report dated May 21, 2018, and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site; and WHEREAS, Z 18-02 is exempt from environmental review pursuant to section 15061(b)(3) of the State Guidelines implementing the Environmental Quality Act of 1970, as amended 8.A.a Packet Pg. 117 Attachment: Z 18-02 CC Red Barn Ord v1 (1618 : Miller Red Barn Local Designation) ORDINANCE NO. 2018-XX 4849-9362-0323v1 JH\04706089 because there is no possibility that the activity in question may have a significant effect on the environment; WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 18-02 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds that: 1. The proposed Z 18-02 is consistent with the City’s General Plan designation of the Miller Red Barn building site as a Park and Recreational use and with intent of the goals and policies of Historic Preservation, Preservation Funding and Incentives and Historic Character. 2. The proposed Z 18-02 will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Z 18-02 is approved and the Miller Red Barn is hereby designated as a Local Historically Significant building site. SECTION III If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this 18th day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.A.a Packet Pg. 118 Attachment: Z 18-02 CC Red Barn Ord v1 (1618 : Miller Red Barn Local Designation) RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING MILLER RED BARN ASSOCIATION’S APPLICATION FOR A COUNTY OF SANTA CLARA HISTORICAL HERITAGE GRANT FOR THE DESIGNATION OF LOCALLY HISTORIC SIGNIFICANCE TO THE MILLER RED BARN IN CHRISTMAS HILL PARK (APN 808-18-022) WHEREAS, the County of Santa Clara (“County”) has established the Historical Heritage Grant program to promote historic preservation and the awareness of significant cultural, historical, and archaeological resources within Santa Clara County (“Grant Program”); and WHEREAS, the County funds the Grant Program with County Park Charter Development Funds, which must be used for the development of real property for county park purposes; and WHEREAS, the County requires that the property on which the grant-funded project is located be continually used for park purposes for a minimum of 20 years and be open to all Santa Clara County residents on a non-discriminatory basis; and WHEREAS, the applicant proposes that the County award Grant Program funds for the designation of locally historic significance to the Miller Red Barn (“Project”) in the Christmas Hill Park (“Park”); and WHEREAS, the City of Gilroy (“Owner”) has reviewed the proposed Project and hereby provides all required approvals for the Project in the Park, including but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and WHEREAS, to provide additional assurance as to compliance with the Grant Program requirements, the County requires that the Owner execute the grant agreement; NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy hereby makes the following determinations: 1. The Project is located on land that will be continually used for park purposes for a minimum of 20 years and, subject to Constitutional or Charter limits on appropriations for future years, will be open to all Santa Clara County residents on a non-discriminatory basis; and 2. The City of Gilroy has reviewed the proposed Project and hereby provides all required approvals for the Project in the Park, including but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and 8.A.b Packet Pg. 119 Attachment: Z 18-02 Recommended Council Resolution (HHGP application submittal) (1618 : Miller Red Barn Local Designation) RESOLUTION NO. 2018-XX 3. Miller Red Barn Association, or designee, is hereby delegated authority to sign the grant application and execute the grant agreement on the Owner’s behalf. BE IT FURTHER RESOLVED that the City of Gilroy hereby approves of Miller Red Barn Association’s application for County’s Grant Program funds for the designation of locally historic significance to the Miller Red Barn in Christmas Hill Park. PASSED AND ADOPTED this __ day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.A.b Packet Pg. 120 Attachment: Z 18-02 Recommended Council Resolution (HHGP application submittal) (1618 : Miller Red Barn Local Designation) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of Proposed Parks and Amenities Design Guidelines Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Adam Henig Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of the Parks and Amenities Design Guidelines. BACKGROUND On March 12, 2018, the Gilroy City council reviewed the draft Parks and Amenities Design Guidelines and provided comments and identified items that needed further review. The document has been revised and presented for Council review. ANALYSIS The following is a list of questions and/or comments that were raised at the March 12, 2018 and responses or actions taken to address those questions: 1. Make trees and trellis mandatory in community parks: the document has been revised to make trees, trellis and associated park elements mandatory in parks with. The changes in the document have been made as follows: Page 6, Under “Drought Tolerant /Plant Use”: 9.A Packet Pg. 121 Drought resistant plants are recommended required for compatible plant palettes and with plants that have similar water needs to avoid plant failures.... Page 8, Under “Park Themes”: Trees and trellis structures are encouraged to provide much needed shade and protection from the sun. Shade Trees and trellis structures are required for neigh borhood and community parks and encouraged for mini -parks to provide much needed shade and protectio n from the sun. 2. Seating for smaller parks (e.g. for breastfeeding mothers) and trails: Page 6, Added a new section entitled “Seating areas”: Seating features (park benches, parapet walls, rock and landscaping features that allow for seating etc.) are required along pedestrian and bicycle paths to provide relief and rest areas for users. 3. Exercise amenities in sports parks: Page 6, Added a new section entitled “Outdoor fitness equipment”: Outdoor fitness equipment and exercise amenities are recommended for neighborhood and community parks as well as long trails and pathways. 4. Filtered water bottle filler stations: Currently, there are two water bottle filler stations installed in the city, one along the Uvas Creek levee trail, and another one at San Ysidro Park. None of these stations provide filtered water. Staff has investigated the possibility of filtered water bottle filler stations but does not recommend this option for the following reasons: There are limited manufacturers that supply bottle filler stations equipped with filters There will be significant time and money required to maintain filtered water dispensers 9.A Packet Pg. 122 The department will be required to purchase or stock filters which have to be replaced every 6-12 months and can cost up to $100 a piece. This will potentially create the perception that the City water is not safe to drink while in reality Gilroy’s potable water is tested regularly and is deemed safe to consume by the Environmental Protection Agency (EPA) standards 5. Use sign standards adopted by Council: Staff has reviewed the “Graphic Standards and Publication Style Guide ” Document prepared in 2008 by Articulate Solutions. While there are guidelines for “signage” within the City limits, those are mostly applicable to welcome signs, parking and street signs and do not seem to apply to park signs that are expected to be more thematic in nature. However these sign standards will be refer enced and provided to developers if and when the City of Glory logo will be used as part of p ark entry signage: CONCLUSION Staff has addressed comments and concerns raised by Council and request adoption of the revised Parks and Amenities Design Guidelines. FISCAL IMPACT/FUNDING SOURCE The proposed guidelines document does not create additional needs or financial impact to the City’s budget because the review and approval of parks and amenities are already included in the plan check and inspection budget. Attachments: 1. Park and amenities design guidelines 05-09-2018 9.A Packet Pg. 123 1 | P a g e 2018 City of Gilroy June 2018 Parks and Amenities Design Guidelines Prepared by: City of Gilroy Parks and Recreation Commission City of Gilroy Recreation Department City of Gilroy Public Works Department 9.A.a Packet Pg. 124 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 2 | P a g e Table of Contents INTRODUCTION ............................................................................................................................................. 3 BACKGROUND ............................................................................................................................................... 3 PARK DESIGN PROCESS AND ROLES .............................................................................................................. 4 Drought Tolerant /Plant Use ................................................................................................................. 6 Security/Visibility/Vandal Resistant ...................................................................................................... 6 Seating areas ......................................................................................................................................... 6 Outdoor fitness equipment ................................................................................................................... 6 Pathways/Bike Paths /Service-Emergency Access Park ........................................................................ 7 Signage .................................................................................................................................................. 7 Public Access/Boundaries /Fencing ....................................................................................................... 7 Playgrounds ........................................................................................................................................... 7 Picnic Areas ........................................................................................................................................... 8 Destination Amenities ........................................................................................................................... 8 Park Themes .......................................................................................................................................... 8 REFERENCES AND WORK CONSULTED ........................................................................................................ 10 EXHIBIT A ..................................................................................................................................................... 11 EXHIBIT B ..................................................................................................................................................... 12 EXHIBIT C ..................................................................................................................................................... 13 EXHIBIT D ..................................................................................................................................................... 14 EXHIBIT E ..................................................................................................................................................... 15 EXHIBIT F ..................................................................................................................................................... 16 EXHIBIT G ..................................................................................................................................................... 17 EXHIBIT H ..................................................................................................................................................... 18 EXHIBIT I ...................................................................................................................................................... 19 9.A.a Packet Pg. 125 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 3 | P a g e INTRODUCTION The City of Gilroy is a growing community with a diverse population and with increasing number and type of public facilities including parks and recreational areas. It is expected that the need for parks, recreation facilities, and programs will increase as the population grows. These Guidelines were developed in collaboration with the City of Gilroy Park and Recreation Commission, the Department of Public Works and Recreation with the intent of streamlining the review and approval of proposed park facilities and amenities. This document will provide a balance between a creative design process for parks and amenities of high quality, while ensuring consistent expectations and processes. This document will also help save a great deal of time and effort on behalf of park developers and city staff since developers will know the city’s desire and expectations at the onset of the project. It is expected that this document will be updated based on feedback from users as well as new and emerging best practices in the planning, design and installation of parks and recreational facilities. BACKGROUND The City of Gilroy is home to 14 neighborhood and community parks, a sports park, and more than 10 miles of trails. The Parks and Recreation System Master Plan, which was approved by City Council in 2002 and later updated in September 2004, provides information on the current state of Gilroy’s recreation facilities and programs and provides a vision for the types and size of parks to be built in the city that meet existing and anticipated recreational needs of the community. While the Master Plan provides general information, it is either too dated or insufficient to be used as a guideline document for the design and construction of specific park elements and amenities. The City of Gilroy currently does not have a formal guideline document for the design of Parks and Park amenities. The purpose of this document is to provide developers, architects and engineers with uniform and consistent guidance in the planning, design and construction of Park facilities and amenities and recreational areas. It is expected that, through the use of the guidelines and recommendations included in this document, park developers will design and construct parks and amenities with reduced maintenance requirements, improved water efficiency and energy conservation, as well as increased accessibility and utilization by all members of the community. A previous version of these guidelines (entitled Park Design Guidelines and Standards) was presented to the Parks and Recreation Commission (PRC) in June 2016. The PRC provided input and motioned to approve and recommend the document for the City Council adoption in fall 2017. The document was then presented to the City Council at the October 2, 2017 meeting. Given that the document provided a list of recommendations and not strict standards, Council directed that the title of the document be changed to “Guidelines” and that a list of specific references be provided at the end. Council also directed staff to seek input and feedback from the development community. Based on council direction and feedback from the development community, a revised version of the original draft document has been developed and will be referred to as “Parks and Amenities Design Guidelines” for future use. 9.A.a Packet Pg. 126 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 4 | P a g e PARK DESIGN PROCESS AND ROLES Lifecycle of New Park/Facility redevelopment/improvement project (Developer built) 9.A.a Packet Pg. 127 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 5 | P a g e PARK AND AMENITIES DESIGN GUIDELINES To maximize park usage, create a high-functioning usable space, and maintain a uniformed appearance, the Parks and Recreation Commission, together with City staff, have prepared proposed guidelines for Council to consider enacting for future park builders. These features would encourage consistency with the Parks and Recreation Facility C lassification System, identified in the Gilroy Park and Recreation System Master Plan. Park developers are expected to design parks within the City of Gilroy which include park elements and establish an attractive, creative, and cohesive urban park sett ing. Park design needs to consider sustainable priorities that include compliance with park security (highly visible and lighted), safety and ADA standards, longevity and durability (vandal resistant), ease of maintenance, drought tolerant vegetation, and water saving methods intended to use the least possible amount of water. Each public park type is different and encompasses varied opportunities and constraints. The Classification System listed in Chapter 3 of the Parks and Recreation System Master Plan devises a park classification process to best serve an area’s needs. The following is a list of the types of Parks found in Gilroy: 1. Mini-Park: a park with limited recreation value and more green/open space (one acre or smaller - i.e. Butcher Park) 2. Neighborhood Park: a park within walking distance of residential developments (3-10 acres - i.e. El Roble Park) 3. Neighborhood Park/School: a small park immediately adjacent to schools (2-10 acres - i.e. Del Rey Park) 4. Community Park: a park larger than a neighborhood park (20 acre minimum - i.e. Christmas Hill Park) 5. Community Park/School: a larger park adjacent to schools. Currently there are no parks like this in city limits (20 acre minimum) 6. Park Preserve: a park that is not within City boundaries (No minimum or maximum size; depends on resource to be preserved - i.e. Uvas Creek Park Preserve) 7. Trails/Linear Parks: a park that features trails separated for pedestrian and bicycle use (no minimum or maximum size - i.e. Uvas Park Levee) 8. Sports Park: a park with recreational f acilities for organized sports (20 acre minimum - i.e. Gilroy Sports Park) As part of the project review and approval process, the City of Gilroy Parks and Recreation Commission often recommends park developers to design parks that include park elements that not only provide form and function, but also establish an attractive, creative, and 9.A.a Packet Pg. 128 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 6 | P a g e cohesive urban park setting. Park design will consider sustainable priorities (see appendix) that include compliance with park security (highly visible and lighted), safety and ADA standards, longevity and durability (vandal resistant), ease of maintenance, drought tolerant vegetation, and water saving methods intended to use the least possible amount of water. Consideration of the park design f eatures listed below are recommended prior to appearing bef ore the Parks and Recreation Commission for approval. In addition to the recommendations listed below, there are sources City staff would recommend builders utilize during the designing process. It is the expectations that the design teams and the designated state licensed professional(s) will apply referenced information and prevailing industry standards for park elements. Drought Tolerant /Plant Use Drought resistant plants are required for compatible plant palettes and with plants that have similar water needs to avoid plant failures. See References #2 Expect water eff icient landscape design that meets both state water conservation standards and the state’s Model Water Efficiency Landscape Ordinance (MWELO) regarding park irrigation and park design elements for sustainability of parks. See References #3 & #4 Security/Visibility/Vandal Resistant Park trail access gates with collapsible bollards to increase public park and trail patrols by law enforcement and other public service staff. Increased lighting Light Emitting Diode (LED) with vandal resistant light f ixtures at park activity areas and access points. o Outside electrical receptacle should be programmed for best placement and include a security element. o Park street frontage lamps shall be double masted street lamps and poles with extended lamp arm into the park frontage. o Low-level motion triggered lighting at park trails to increase police visibility after dark. Limited use of landscape screening f eatures for activity areas such as raised mounds, screening vegetation and closed fencing. Park patrol visibility for all activity areas. Plant selection and placement shall be made with park security and visibility in mind. Automatic locking door systems at all new public park restrooms Seating areas For all Parks and trails, seating features (park benches, parapet walls, rock and landscaping features that allow for seating etc.) are required to provide relief and rest area for users. See Exhibit I. Outdoor fitness equipment Outdoor fitness equipment and exercise amenities are recommended for neighborhood and community parks as well as long trails and pathways. 9.A.a Packet Pg. 129 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 7 | P a g e Pathways/Bike Paths /Service-Emergency Access Park Suggest concrete be used as sustainable hardscape material for future paths of travel within parks. It is recommended that the use of asphalt and decomposed granite (excluding off-street parking and major Class I trails) is to be avoided within parks, for access to and from active and passive urban recreation park areas. Accessible walkways f eaturing playf ul, curved designs instead of standard perpendicular conf iguration is encouraged. Signage Park signage, including regulation signs, shall be consistent to current City of Gilroy signage. Park entry sign examples are included in this document. See Exhibit A Park signage is required to meet the configurations of the existing park signage. Existing park sign colors include dark green, blue and ivory colored backgrounds and narrative. Park signs with decorative features may be considered, as long as they complement the park’s natural color scheme and natural surroundings. Public Access/Boundaries /Fencing Maximum access to public parks is best provided by public street frontages. The placement of park property boundaries with adjacent residential developments is discouraged. Site drainage would f ollow adjacent land use currents. Use of black wrought iron f encing or other brown concrete simulated wood f encing should be used f or park frontage fences. Other wood and/or cable fencing will be considered on a case by case basis. Chain link fencing at park street frontages is prohibited. Playgrounds Playground surfacing material should include engineered wood fiber, which meets Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment, F1292 Impact Attenuation and F1951 ADA accessibility requirements. See References #5 Earth tones and resilient playground surfacing should be considered for all playground areas at the park. Vibrant colors may be suggested, but they will be required to complement the natural color themes to be considered. W henever possible, shade for playgrounds should be a priority. Bike racks are required. Bike racks which are decoratively designed are encouraged. Example: Gilroy Library bike racks which are shaped like book shelves See Exhibit B Pre-cast play tables and games such as checkers, chess or other similar board games could be considered. See Exhibit C Installation of storage lockers for recreational programing supplies, which are congruent with park theme in larger scale parks, is encouraged. Neighborhood outreach and input should guide focus of selected recreation 9.A.a Packet Pg. 130 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 8 | P a g e amenities/features for all ages such as pickle ball courts, bocce ball, volley ball, basketball, handball, dodge ball, ping pong, horseshoes, shuffleboard, skateboarding, rollerblading, etc. Accessible playground equipment should include climbing structures with progressively challenging f eatures to engage the participation of both younger and older children. W hen possible playground equipment that is inclusive or can integrate for children with mental and physical disabilities should be provided. Picnic Areas All picnic area tables, benches, trash receptacles and BBQ pits shall be consistent with other City of Gilroy park amenities such as color, size, quality condition and manufacturer. To prevent damage, park benches and low concrete walls shall be skate proof. Park benches should be designed in such a way which discourages stretching out and sleeping. A sufficient number of garbage cans should be placed in high traffic areas such as trails, walkways, playgrounds and picnic areas. (Mobile garbage cans are not permitted.) The garbage cans shall be consistent to the current ones used by City of Gilroy. See Exhibit D. Suggested to install water f ountains with bottle filler and pet water bowl, rather than single purpose water fountains will be required. See Exhibit E. Sufficient dog waste bag dispensers should be located in high traffic areas such as at major park visitor or pedestrian access points and walking trails. Destination Amenities Community Park, Sport Park and Dog Park features that would create a community-wide destination should not be included in a neighborhood park.Examples of these f eatures include: o Restrooms o Off-street parking o Overall park night-time lighting Park Themes Incorporate an overall theme that is relevant to the individual park setting, while also recognizing the history, values and commodities inherent to the City of Gilroy. Shade Trees and trellis structures are required for neighborhood and community parks and encouraged for mini-parks to provide much needed shade and protection from the sun. Park amenities can be personalized through design, layout and use of color to establish a coherent theme. Natural colors such as brown, beige, green, black or similar color undertones are preferred. See Exhibit F. W herever possible, avoid the use of red or blue colored park themes (popular gang affiliated colors). Vibrant colors may be suggested, but they will be required to complement the natural color themes to be considered. 9.A.a Packet Pg. 131 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 9 | P a g e Use of colored or textured cement in walkways, rather than basic gray concrete could be considered. Enhanced walkways and cemented areas, with features such as etched hop scotch, decorative motifs, inspirational statements or sketches may be considered. See Exhibit G. Colored tiles on walkways, f acility walls, or sound walls could be installed. Murals on f acility walls or sound walls are an option, but will require the necessary City of Gilroy reviews and approvals. See Exhibit H. 9.A.a Packet Pg. 132 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 10 | P a g e REFERENCES AND WORK CONSULTED 1. City Of Gilroy Parks & Recreation System Master Plan, September 2004 2. Drought Tolerant Plants: a. Bornstein, Carol. California Native Plants for the Garden (Cachuma Press, 2005) b. Rubin, Greg and Lucy W arren. The Drought-Defying California Garden: 230 Native Plants for a Lush, Low-Water Landscape (Timber Press, 2016) c. Sunset Western Garden, 9th edition (Oxmoor House, 2012) 3. California State Water Conservation Standards: https://www.waterboards.ca.gov/ 4. Model Water Efficiency Landscape Ordinance (MWELO): http://www.water.ca.gov/wateruseefficiency/docs/MW ELO09-10-09.pdf 5. Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment: a. F1292 Impact Attenuation: https://www.astm.org/Standards/F1292.htm b. F1951 ADA accessibility requirements: https://www.astm.org/Standards/F1951.htm 6. Standard Specification for Unsupervised Public Use Outdoor Fitness Equipment: a. ASTM F3101 – 1: https://www.astm.org/Standards/F3101.htm 9.A.a Packet Pg. 133 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 11 | P a g e EXHIBIT A Entry Park Signage Park Regulation Signage 9.A.a Packet Pg. 134 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 12 | P a g e EXHIBIT B A bike rack can be used as public art too (Gilroy Library) 9.A.a Packet Pg. 135 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 13 | P a g e EXHIBIT C Pre-cast play tables 9.A.a Packet Pg. 136 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 14 | P a g e EXHIBIT D Trash receptacles (example shown) 9.A.a Packet Pg. 137 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 15 | P a g e EXHIBIT E W ater Fountains with Bottle Filler and Pet W ater Bowl 9.A.a Packet Pg. 138 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 16 | P a g e EXHIBIT F Natural colors used on park amenities (e.g. Gilroy Sports Park) 9.A.a Packet Pg. 139 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 17 | P a g e EXHIBIT G Enhanced W alkway 9.A.a Packet Pg. 140 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 18 | P a g e EXHIBIT H Spaces for potential community Art (e.g. Children’s Tile Art project at San Ysidro Park); 9.A.a Packet Pg. 141 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) 19 | P a g e EXHIBIT I Seating area along trails and in parks © https://www.phasethree.net.au/blog/ 9.A.a Packet Pg. 142 Attachment: Park and amenities design guidelines 05-09-2018 (1620 : Proposed Parks and Amenities Design Guidelines) City of Gilroy STAFF REPORT Agenda Item Title: Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01- 21, 808-01-22 and 808-01-23, Applicant Eagle Garden, LLC Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Planning Division Submitted By: Kristi Abrams Prepared By: Kristi Abrams Pamela Wu Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy extending TM 13-11 and AS 13-35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC. EXECUTIVE SUMMARY On March 23, 2018, the City received a request for a time extension for the approved tentative map and architectural and site review for the development of 202 townhouse units due to a recent ownership change. The current owner, Eagle Garden LLC, purchased the property in late 2017 and requests additional time to fully analyze the required conditions and its associated onsite/offsite improvement. The request was 10.A Packet Pg. 143 received in a timely matter, before expiration of the subject approvals on April 4th. At this time, no significant changes to the approved scope are proposed. The City Council approved the project on April 4, 2016 and the current approval expired on April 4, 2018. It is recommended that the Council extend the project approval to April 4, 2019. BACKGROUND On April 4, 2016, the City Council approved Tentative Map TM 13-11 and Architectural and Site Review permit AS 13-35, allowing the development of 202 townhouse units on 10.83 acres located at the southeast corner of Santa Teresa Boulevard and First Street. A total of 40 buildings consisting of 3-story townhome units were approved, along with a clubhouse, a swimming pool and tot lot for use by residents. Access to the units is via numerous private streets and driveways that connect to both Santa Teresa Boulevard and First Street. When the project was approved in 2016, the City Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project. It was determined that, with implementation of the identified mitigation measures, no significant adverse impacts would result from the development. The MND includes typical mitigations to address standard air quality, biological resources, hazards, and water quality issues. Noise impacts, due to proximity of First Street and Santa Teresa Boulevard were alleviated with the requirement for sound-rated windows. Several traffic issues were resolved with mitigation measures to improve several off -site intersections (i.e. Santa Teresa/Fitzgerald, Santa Teresa/Day Road West, Santa Teresa/Day Road East, Santa Teresa/Sunrise, Santa Teresa/First St, Wren/Welburn, US101 SB ramp/Masten, and Kelton Drive/First Street). These mitigation measures were accepted by the previous property owner and incorporated as project conditions of approval. Previous entitlements also included a Planned Unit Development (PUD) overlay (Z 13- 08) to allow for provision of fewer units onsite than required by the R4 zoning district. Specifically, R4 properties must provide a minimum of 20 dwelling units per acre; this project was approved with 202 units instead of the required minimum of 216 units. The PUD overlay also allowed a front setback reduction, from 26 feet to 23 feet, for one of the buildings facing First Street. The City Council approved these adjustments as part of the zone change from R4 to R4/PUD, including an allocation of 202 dwelling units under the Residential Density Ordinance (RDO) on April 18, 2016. The City’s RDO was first created in the 1980s as a means of moderating growth and ensuring that the City could provide adequate and efficient public services. The RDO was also an important tool to maintain the quality of the environment and to ensure high-quality development. On October 3, 2017, the most -recent RDO Interim Exemption period ended, which limits staff from accepting new residential project applications, with the exception of projects that have existing RDO allocations and projects that are not subject to RDO numeric limits. 10.A Packet Pg. 144 On September 7, 2017, planning staff administratively approved a time extension of the architecture and site review approval to align with the expiration of the approved tentative map, in April 2018. According to the new property owner, due to the ownership change that occurred in 2017, they did not have enough time to submit the final map, improvement plans and building permits for review to complete the project before expiration of the approved entitlements. ANALYSIS Gilroy City Code Allowance: Per Gilroy City Code Section 21.41(i), the City Council, at their discretion, may extend approval of a tentative map for three periods not to exceed and additional 12 months each. This is the first such request, and if approved, would extend the original approval to April 4, 2019. Should the requested extension be approved, then the applicant must comply with all conditions of approval, process and record the final map (including City Council approval) and obtain building permit approvals for the development by April 4, 2019. Legal Opinion - Housing Accountability Act: Since implementation of the Housing Accountability Act in 1982, the intent of the law is to promote housing development in response to the dire housing crisis in California. As a result, the State laws limit the ability of local government to deny any new housing development. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete.” In 2016, the original project was deemed complete and approved by City Council with conditions of approval. The requested time extension considers the housing project to be complete based on the fact that the development complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards. At this time, the applicant proposes no significant changes to the approved project and conditions of approval. Staff has analyzed the requested time extension and provides the following summary of issues for consideration: Conditions of Approval to be Updated Since the original approval in 2016, subsequent development changes in the project vicinity necessitate review of the conditions of approval (COA) for adequacy and 10.A Packet Pg. 145 accuracy. Staff’s review results in several revisions, updates and clarifications as attached TM 13-11 time extension revised conditions. With the subsequent build-out of other development projects, some conditions and mitigations measures were no longer needed (see attachment 7, COA #39 – 46). Also, clarifications regarding a Recology will-serve letter, construction costs and required fees, stormwater management design and others (see attachment 7) were added and updated. These revisions proposed to the project conditions will not change the original development scope. A more significant change in the project vicinity is the need for a signalized intersection to replace a “pork chop island”, currently shown at the project access along First Street. Since the original project approval, a new commercial development proposal was submitted across from the subject property on First Street. Early analysis for the commercial development confirms a signal warrant for the First/Kelton intersection, which aligns with the access for the townhome site. As originally approved, the “pork chop” design would not allow the intersection to function efficiently as a four-leg signalized intersection. The “pork chop” was originally required to prevent left-turn-in and left-turn-out maneuvers along First Street. The signal improvements at the intersection would allow both right/left turns in and out of the subject parcel, improving traffic patterns in all directions. As such, staff proposes a revision to Condition #42 for a signalized intersection to replace the “pork chop island”. Residential Development Ordinance (RDO) Allocation Should the requested extension be denied, the 202 RDO allocations for this project would expire. As such, the property owner would not be able to submit for a new map proposal. Since the City Council took action (in November 2017) to not extend the RDO allowances until after adoption of the Gilroy 2040 General Plan, the subject property would remain vacant until after completion of the General Plan process, currently anticipated to occur by the end of 2019 or mid-2020. Architectural Revisions In mid-March 2018, representatives of the property owner met with City staff to discuss potential revisions to the approved project. The discussion included minor changes to ground-level porches, upper level balcony, reducing the open area between buildings and widening the main access driveways to accommodate parking on both sides. General details have been provided, and are not anticipated to significantly alter the approved site plan layout or building design. Depending on the complexity of the proposed changes, the request could be considered as a minor revision and approved administratively by the Planning Manager. However, if more complex issues arise by the anticipated request, then consideration by the Planning Commission and City Council would be needed. 10.A Packet Pg. 146 At that meeting in March, staff reminded the new property owner that the first priority was to extend the TM and AS approvals, because without the extension, efforts to revise the approved development would be futile. Therefore, the developer requests a time extension for the approved tentative map and architectural and site review, and anticipates submitting an application to amend the architecture and site review permit once the time extension is granted. The applicant stated in the Time Extension request letter that no major revision is proposed with the approval scope. Also, the developer is in agreement to comply with all conditions of approval that were adopted by Council on April 4, 2016. As stated in the staff report in 2016, the project is in conformance with General Plan policies and Zoning Ordinance findings. The time extension request should be granted to allow the developer time to complete the project as approved since the project demonst rated necessary conformances. Findings necessary to deny a tentative map In accordance with Subdivision Map Act Section 66498.1, “the local agency may condition or deny a permit, approval, extension, or entitlement if it determines any of the following: (1) A failure to do so would place the residents of the subdiv ision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law.” The request to extend the project approval would not impose any danger to the residents’ health or safety and that the project is in compliance with State and Federal laws. As the Council found the project to be in substantial compliance with the ordinance, policies and standards in 2016 when the approval was granted, with no revisions to the approval scope, staff cannot make the findings to deny the requested time extension. ALTERNATIVES 1. Should the City Council approve the time extension for TM 13-11 and AS 13-35, as requested by the applicant, staff anticipates relatively minor architectural amendments, initiation of the final map process, and finally review and issuance of building permits. Staff recommends that the City Council support this request, with the recommended conditions of approval. 2. Should the City Council deny the time extension, the applicant would not be able to further proceed with the original scope as the approval has expired on April 4, 2018. In this case, the City Council would need to make the necessary findings to deny a tentative map. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE No fiscal impacts are associated with this request for Council’s consideration and 10.A Packet Pg. 147 determination. Collection of fees (as established by the City Council) for subsequent review of the final map and improvement plans are adequate to cover the necessary resources. CONCLUSION Staff finds the proposed request consistent with the Gilroy City Code. Approval of a period of twelve-month extension from the current expiration date of April 4, 2018 would allow the project to move forward in general conformance with the original approval and consistent with the zoning for the subject site. NEXT STEPS If the time extension request is approved, then the developer will be able to proceed with the final map, improvement plans and building permits to construct the townhomes for the original project scope. Should the applicant request any architectural or site revisions, an amendment to the architecture and site review permit may be required, and will be processed as described above. Attachments: 1. TM 13-11 time extension revised conditions (clean version) 2. TM 13-11 time extension revised conditions (strike-through version) 3. TM 13-11 AS 13-35 Reso 12 month extension 10.A Packet Pg. 148 4815-5887-4159v1 JH\04706089 Exhibit A City Council Resolution 2018-xx TM 13-11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 10.A.a Packet Pg. 149 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 10.A.a Packet Pg. 150 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the 10.A.a Packet Pg. 151 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 10.A.a Packet Pg. 152 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 10.A.a Packet Pg. 153 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting 10.A.a Packet Pg. 154 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the 10.A.a Packet Pg. 155 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 10.A.a Packet Pg. 156 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound ‐rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior 10.A.a Packet Pg. 157 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program . Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars . The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an e scalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 10.A.a Packet Pg. 158 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17 -25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection traffic impacts are no longer necessary for this project. 44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background 10.A.a Packet Pg. 159 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 conditions (LOS C and D during the AM and PM peak hou rs, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traff ic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection . The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. The Develolper shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated 10.A.a Packet Pg. 160 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. 10.A.a Packet Pg. 161 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2018. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map/improvement plan approval, Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicated. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,099per unit (high density residential) for a total of $1,837,998.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 2018, the estimated Traffic Impact Fee is $9,372per unit (high density residential) for a total of $1,893,144.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2019. The Traffic Impact fee and other development impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, 10.A.a Packet Pg. 162 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11/2” SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. Developer shall install all street light conduits as 2” SCH40 PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. Any work in the public right-of-way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA -approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other 10.A.a Packet Pg. 163 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project’s geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project’s geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 55. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance 10.A.a Packet Pg. 164 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 56. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on-site and off-site improvements. The following items will need to be completed prior to first building permit submittal: i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. iii. “Will Serve Letter” from each utility company for the subdivision 10.A.a Packet Pg. 165 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer-signed and PG&E-approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 59. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 60. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 62. HAUL PERMIT: If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading 10.A.a Packet Pg. 166 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 and Drainage Plan. 63. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 64. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 65. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 66. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 10.A.a Packet Pg. 167 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions, 69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 70. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 71. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 10.A.a Packet Pg. 168 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 74. STORMWATER: This project shall comply with post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 10.A.a Packet Pg. 169 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re-inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the fall report, and no later than March 15th of the following year for the winter report. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design engineer shall ensure that the landscape 10.A.a Packet Pg. 170 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management des ign and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 77. TM Conditions shall be included on off-site improvement plans as "Fire Department Notes" Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off-site improvements be scheduled. No building permits will be issued without a Fire –Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul-de-sac of 78’diameter unless they qualify for an exemption. 83. Road widths shall be as follows: 10.A.a Packet Pg. 171 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul de sac- no parking e. 98’ diameter cul de sac- parking not restricted 84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 86. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 10.A.a Packet Pg. 172 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 10.A.a Packet Pg. 173 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Exhbit B Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Air Quality AQ-1 The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction-contract specifications. The control measures shall be implemented during the duration of all proposed construction activities: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Building & Safety Division 10.A.a Packet Pg. 174 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources BIO-1 The Project shall implement the following design recommendation: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.a Packet Pg. 175 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline BIO-2 The Project shall implement the following preconstruction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.a Packet Pg. 176 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. BIO-3 The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Building & Safety Division 10.A.a Packet Pg. 177 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction 10.A.a Packet Pg. 178 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks personnel. BIO-4 The Project shall implement the following measure for tree maintenance: a. a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division BIO-5 Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Planning Manager. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division Building & Safety Division Hazards and Hazardous Materials HAZ-1 Prior to excavation, any soil, including soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for use and disposal. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program HAZ-2 Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead- based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program 10.A.a Packet Pg. 179 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Hydrology and Water Quality HYD-1 Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. Prior to Issuance of Demolition Permit or Grading Permit Review and Approval of Hydrology Study Engineering Division Building & Safety Division Noise N-1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Gilroy Planning Manager that the Project complies with the following: Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Engineering Division Building & Safety Division N-2 After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans Planning Division Building & Safety Division 10.A.a Packet Pg. 180 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR- 152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Transportation/Traffic TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.a Packet Pg. 181 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. TRA-2 Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. Implemented by Tract 10230. No additional action needed TRA-3 Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.a Packet Pg. 182 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-4 Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install “pork chop island” at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-5 Intersection 13 (Wren Avenue / Welburn Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left-turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left-turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. The intersection of Wren Avenue and Welburn Avenue Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.a Packet Pg. 183 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-6 Intersection 17 (Monterey Street / Fitzgerald Avenue- Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.a Packet Pg. 184 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. TRA-7 Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-8 Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.a Packet Pg. 185 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. 10.A.a Packet Pg. 186 Attachment: TM 13-11 time extension revised conditions (clean version) (1666 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Exhibit A City Council Resolution 2016-20 TM 13-11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 10.A.b Packet Pg. 187 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 10.A.b Packet Pg. 188 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the 10.A.b Packet Pg. 189 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 10.A.b Packet Pg. 190 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 10.A.b Packet Pg. 191 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting 10.A.b Packet Pg. 192 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the 10.A.b Packet Pg. 193 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 10.A.b Packet Pg. 194 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound ‐rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior 10.A.b Packet Pg. 195 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program . Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars . The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an e scalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 10.A.b Packet Pg. 196 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: 42. Install “pork chop island” at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6)Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17-25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection 10.A.b Packet Pg. 197 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 traffic impacts are no longer necessary for this project. The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left -turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left -turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. 44.43. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. The intersection of Wren Avenue and Welburn Avenue is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as f ollows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 45.44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and t he developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be 10.A.b Packet Pg. 198 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 46.45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installin g a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Rei mbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facilit y and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. The Develolper shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 47.46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM 10.A.b Packet Pg. 199 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 48.47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 10.A.b Packet Pg. 200 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/20186. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map/improvement plan approval, Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicatedis estimated at $230,759. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,0998,577 per unit (high density residential) for a total of $1,837,998732,554.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 20186, the estimated Traffic Impact Fee is $9,3728,834 per unit (high density residential) for a total of $1,893,144784,468.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 20197. The Traffic Impact fee and other development impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11/2” SCH 80 10.A.b Packet Pg. 201 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. Developer shall install all street light conduits as 2” SCH40 PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. Any work in the public right-of-way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA -approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of 10.A.b Packet Pg. 202 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project’s geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project’s geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 52.55. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, 10.A.b Packet Pg. 203 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 53.56. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 54.57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on-site and off-site improvements. The following items will need to be completed prior to first building permit submittal: i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. iii. “Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no 10.A.b Packet Pg. 204 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer-signed and PG&E-approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 55.58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 56.59. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 57.60. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 58.61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 59.62. HAUL PERMIT: If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 60.63. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction 10.A.b Packet Pg. 205 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 61.64. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 62.65. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 63.66. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of 10.A.b Packet Pg. 206 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions, 64.69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 65.70. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 66.71. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 67.72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 10.A.b Packet Pg. 207 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 68.74. STORMWATER: This project shall comply with is subject to post- construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level an updated Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Updated Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. Updated stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated 10.A.b Packet Pg. 208 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re-inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the fall report, and no later than March 15th of the following year for the winter report. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design en gineer shall ensure that the landscape design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management design and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 10.A.b Packet Pg. 209 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 69.77. TM Conditions shall be included on off-site improvement plans as "Fire Department Notes" Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off-site improvements be scheduled. No building permits will be issued without a Fire –Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 70.78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 71.79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 72.80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 73.81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 74.82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul-de-sac of 78’diameter unless they qualify for an exemption. 75.83. Road widths shall be as follows: a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul de sac- no parking e. 98’ diameter cul de sac- parking not restricted 10.A.b Packet Pg. 210 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 76.84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 77.85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 78.86. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 79.87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 80.88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 81.89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 10.A.b Packet Pg. 211 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Exhbit B Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Air Quality AQ-1 The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction-contract specifications. The control measures shall be implemented during the duration of all proposed construction activities: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Building & Safety Division 10.A.b Packet Pg. 212 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources BIO-1 The Project shall implement the following design recommendation: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.b Packet Pg. 213 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline BIO-2 The Project shall implement the following preconstruction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.b Packet Pg. 214 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. BIO-3 The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Building & Safety Division 10.A.b Packet Pg. 215 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction 10.A.b Packet Pg. 216 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks personnel. BIO-4 The Project shall implement the following measure for tree maintenance: a. a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division BIO-5 Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Planning Manager. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division Building & Safety Division Hazards and Hazardous Materials HAZ-1 Prior to excavation, any soil, including soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for use and disposal. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program HAZ-2 Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead- based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program 10.A.b Packet Pg. 217 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Hydrology and Water Quality HYD-1 Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. Prior to Issuance of Demolition Permit or Grading Permit Review and Approval of Hydrology Study Engineering Division Building & Safety Division Noise N-1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Gilroy Planning Manager that the Project complies with the following: Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Engineering Division Building & Safety Division N-2 After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans Planning Division Building & Safety Division 10.A.b Packet Pg. 218 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR- 152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Transportation/Traffic TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.b Packet Pg. 219 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. TRA-2 Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. Implemented by Tract 10230. No additional action needed TRA-3 Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.b Packet Pg. 220 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-4 Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install “pork chop island” at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-5 Intersection 13 (Wren Avenue / Welburn Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left-turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left-turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. The intersection of Wren Avenue and Welburn Avenue Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.b Packet Pg. 221 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-6 Intersection 17 (Monterey Street / Fitzgerald Avenue- Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.b Packet Pg. 222 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. TRA-7 Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-8 Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.b Packet Pg. 223 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. 10.A.b Packet Pg. 224 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1666 : TM 13-11, AS 13- RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A TIME EXTENSION FOR TENTATIVE MAP TM 13-11 AND ARCHITECTURE AND SITE REVIEW AS 13-35, CREATING A 202-UNIT CONDOMINIUM TOWNHOUSE DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANTA TERESA BLVD. AND FIRST ST, APNs 808-01-21, 808-01-22 & 808-01-23; FILED BY EAGLE GARDEN LLC. WHEREAS, The Eagle Garden LLC submitted a Time Extension request for the Tentative Map TM13-11 and Architecture and Site Review AS 13 -35 creating a 202-unit condominium townhouse development; and WHEREAS, the subject property is located at the southeast corner of Santa Teresa Blvd. and First St. and consists of approximately 10 acres; and WHEREAS, in accordance with the California Environmental Quality Act, the City Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project in 2016. It was determined, with implementation of the identified mitigation measures, there would be no significant adverse impacts resulting from the development, and that the proposed time extension would not impose any further significant adverse effects; and WHEREAS, the City Council held a duly noticed public hearing on June 4, 2018, and considered the public testimony, the staff report and all other documentation related to the request time extension; and WHEREAS, the location and custodian of the documents or other materials that constitutes the record of proceedings upon which TM 13-11 and AS 13-35 time extension requests is the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Gilroy hereby approves a 12-month time extension for TM 13-11 and AS 13-35, subject to the attached conditions of approval set forth in Exhibit “A” attached hereto. 10.A.c Packet Pg. 225 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX PASSED AND ADOPTED this 4th day of June 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 10.A.c Packet Pg. 226 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX EXHIBIT A REVISED CONDITIONS OF APPROVAL City Council Resolution 2018-xx TM 13-11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 10.A.c Packet Pg. 227 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be 10.A.c Packet Pg. 228 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX approved or be rescinded, this approval shall become null and void. 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of 10.A.c Packet Pg. 229 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional 10.A.c Packet Pg. 230 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 10.A.c Packet Pg. 231 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline 10.A.c Packet Pg. 232 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. 10.A.c Packet Pg. 233 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal 10.A.c Packet Pg. 234 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX regulations, in order to profile the soil for disposal. (MND HAZ-1) 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical 10.A.c Packet Pg. 235 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbur sement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be esta blished in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount ba sed on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). 10.A.c Packet Pg. 236 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the imp rovement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17 -25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection traffic impacts are no longer necessary for this project. 44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound 10.A.c Packet Pg. 237 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hou rs, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. 10.A.c Packet Pg. 238 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX The Develolper shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. b. Until such time as the Improvements are accepted by City, Developer 10.A.c Packet Pg. 239 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2018. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map/improvement plan approval, Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicated. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,099per unit (high density residential) for a total of $1,837,998.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 2018, the estimated Traffic Impact Fee is $9,372per unit (high density residential) for a total of $1,893,144.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2019. The Traffic Impact fee and other development 10.A.c Packet Pg. 240 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11/2” SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. Developer shall install all street light conduits as 2” SCH40 PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. Any work in the public right-of-way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA -approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in 10.A.c Packet Pg. 241 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project’s geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project’s geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 55. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy 10.A.c Packet Pg. 242 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 56. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on-site and off-site improvements. The following items will need to be completed prior to first building permit submittal: i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by 10.A.c Packet Pg. 243 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX the Engineering Division and the utility companies. iii. “Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer-signed and PG&E-approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 59. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 60. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 62. HAUL PERMIT: If the project has excess fill or cut that will be off-hauled to a 10.A.c Packet Pg. 244 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 63. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 64. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 65. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 66. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 10.A.c Packet Pg. 245 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions, 69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 70. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 71. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 10.A.c Packet Pg. 246 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 74. STORMWATER: This project shall comply with post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 10.A.c Packet Pg. 247 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re-inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the fall report, and no later than March 15th of the following year for the winter report. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design engineer shall ensure that th e landscape 10.A.c Packet Pg. 248 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management design and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 77. TM Conditions shall be included on off-site improvement plans as "Fire Department Notes" Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off-site improvements be scheduled. No building permits will be issued without a Fire –Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul-de-sac of 78’diameter unless they qualify for an exemption. 83. Road widths shall be as follows: 10.A.c Packet Pg. 249 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul de sac- no parking e. 98’ diameter cul de sac- parking not restricted 84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 86. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 10.A.c Packet Pg. 250 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION 2017-__ AS 13-35 Conditions of Approval GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. Developer shall obtain building permits for the plans within one (1) year from the original expiration date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. (PL, G-4) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G- 8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or its officers, 10.A.c Packet Pg. 251 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Architectural and Site Review application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Vesting Tentative Map TM 13-11. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in 10.A.c Packet Pg. 252 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ construction. (PL, PL-2) 17. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 18. Prior to issuance of building permits, Developer shall provide to the Planning Division digital photos or copies of full-size colored elevations, color and material sample boards, perspective illustrations, and any other colored exhibit approved by the decision-maker. (PL, PL-4) 19. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 20. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) 21. Parking lot and exterior light fixtures shall be full cutoff type (with no structure or housing element below the flat lens) so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under - canopy lighting elements so they are not directly visible from any public area. Prior to issuance of building permits, Developer shall submit a lighting plan with details of the proposed fixtures and locations that substantiate compliance with this condition to the satisfaction of the Community Development Director or designee. 22. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL, PL-9) 23. Developer agrees, as a permit of condition approval, that no sign advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite except as allowed and in conformance with an approved sign permit. (PL, PL-12) 10.A.c Packet Pg. 253 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 24. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL-13) 25. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six (6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL-14) 26. Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface. (PL, PL-18) 27. Prior to issuance of building permits, Developer shall provide utility meters, mechanical equipment, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access by residents and service persons. The final placement and design shall be to the satisfaction of the Commun ity Development Director or designee. (PL, PL-19) 28. Prior to issuance of building permits, Developer shall provide screening of all mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark gree n, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL-20) 29. Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll-up garage door. (PL, PL-21) 30. In tandem with Condition 46(f), developer shall provide masonry walls along the southern and eastern property boundaries, subject to final review and approval. (PL, PL-24) 31. Prior to issuance of a Temporary Use Permit for the sales office and/or model home, Developer shall provide details of signage and written information to potential buyers that demonstrate the principles of water efficient landscapes described in the State MWELO. Developer shall provide such details to the satisfaction of the Community Development Director or designee. (PL, PL-26) 10.A.c Packet Pg. 254 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 32. Light standards illuminating interior walkways shall be not more than eight (8) feet in height, and shall not intrude into the private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet in height, and shall be directed away from dwelling units. (PL, PL-27) 33. Developer shall establish a Homeowners’ Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the CC&Rs for the development. (PL, PL-28) PLANNING DIVISION SPECIAL CONDITIONS 34. Compliance with all conditions of approval of Vesting Tentative Map TM 13- 11 shall also be a condition of this approval. Environmental Mitigation Measures 35. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material on or off- site shall be covered. c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper 10.A.c Packet Pg. 255 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.(MND AQ-1) 36. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub- drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 37. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist 10.A.c Packet Pg. 256 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The arborist consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 38. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences shall be erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consulting Arborist. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the 10.A.c Packet Pg. 257 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 39. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required.(MND BIO-4) 40. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 41. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 42. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 43. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 44. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: 10.A.c Packet Pg. 258 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 45. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N-2) Project Conditions 46. Applicant shall revise the Architectural and Site Review plans to address the following items. The revised plans and other items identified below shall be submitted to the satisfaction of the Community Development Director or designee prior to issuance of grading or building permits for the project, unless otherwise noted. Site Plan a. Front yard fencing shall be provided for all units facing First St. and Santa Teresa Blvd. b. The stairs of the units facing Santa Teresa Blvd. and First St. towards those streets, where possible. c. Details of the entry features including project identification signs shall be provided and approved by the Police Department and Planning Division. 10.A.c Packet Pg. 259 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ d. Design of mailbox enclosures e. Design of project lighting including building mounted fixtures, street and pedestrian lights f. Design of a masonry wall to be constructed along the eastern property line. g. Revision of the driveway behind unit 119 to allow for adequate room for vehicles to back out of that garage. h. Provision of speed bumps near the 90-degree turns in the private driveways throughout the project, to the satisfaction of the Planning Manager and City Engineer. i. Concrete curbing surrounding the landscape areas between garage doors. Architecture j. Detailed plans for the screening of the AC units for the at-grade entry units. k. Revised floor plans that substantiate that water heaters and furnaces will not encroach into areas needed for vehicle parking or garbage or recycling toters. l. Revised plans reconciling window placement in garages. m. Plans for garage-mounted mirrors at locations where two garages meet at 90- degree angles. Landscape Plans n. The landscape plan needs to specifically identify planting proposed throughout the project. Pursuant to the Multi-Family Residential Design Policy, at least 33% of shrubbery should be 5-gallon size and 33% of trees should be 24-inch box. The value of the trees to be removed should be used to increase the percentage of plant material at the larger size. o. Provide alternate street tree on public streets p. Detailed sections of bike trail / sidewalk on Santa Teresa need to be incorporated into the plans. Concrete split rail fencing adjacent to bike trail to be 3 feet in height. q. Reconciliation of the discrepancies between the site plan and landscape plan in the recreation area. r. Detailed plans for recreation area need to be incorporated into the plans. Plans must comply with Multi-Family Residential Design Policy s. In locations where biotreatment basins are located adjacent to on-street parking spaces, a one-foot “step out” between the curb and basin shall be provided. t. Addition of landscaping at the south side of guest parking space 46. u. Modification of the landscaped corner of First St. and Santa Teresa Blvd. to include relocation of the existing utility box and revision of the landscape plan to provide focus on the public art to be installed at that location. 10.A.c Packet Pg. 260 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 47. Prior to demolition of any existing building on the property, pursuant to Section 30.27.53 of the City Code, the applicant shall submit an application with information regarding the age and condition of all structures, and shall present the request to the Historic Heritage Committee for review. The Committee shall be given no less than 30 days to investigate, document and photograph the buildings and attempt to arrange for the preservation of the buildings. 48. Pursuant to 30.50.60 (b)(2)(l) of the City Code, prior to issuance of any grading permit for the project, the applicant will enter into a performance agreement with the City ensuring timely development of the project. 49. The applicant shall provide public art at the intersection of First St. and Santa Teresa Blvd. or other mutually acceptable location. Conceptual plans for the art shall be submitted to the City for review prior to issuance of building permits for the project. The art must be approved by the City and installed prior to issuance of a building permit for the 100th unit in the project. POLICE DEPARTMENT SPECIAL CONDITIONS 50. No parking outside of designated parking spaces shall be allowed on the private streets, including in front of garage doors. A plan for such designation shall be submitted to and approved by the Police Department prior to issuance of building permits. 51. A detailed lighting plan with a photometric study for the e ntire property, including roadways, paths, alleys, etc. shall be submitted to and approved by the Police Department prior to issuance of building permits. Minimum lighting level at the common recreation area shall be 2.0 foot candles. FIRE DIVISION 52. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an open yard that leads to a public way). 53. All residential structures shall be provided with residential fire sprinklers including detached garages. City standards include a. A 1 inch meter and 1.5 inch laterals shall be provided to each SFR. b. System to comply with NFPA 13D (2013) subject to inspection by the City. c. Riser shall be installed in the garage unless alternate approved by the Fire Marshal d. If the water supply to the home is not at the garage, water supply from point of entry to the riser shall be approved fire sprinkler line. e. All enclosed garages shall be provided with sprinkler protection. f. At least 1 sprinkler of each type shall be present in the spare head box at final. 10.A.c Packet Pg. 261 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ g. An exterior bell/horn shall be installed on the bedroom side of the home. A horn device shall be provided for the interior living space. h. Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be provided with adequate insulation or be done with a copper riser. i. Sprinkler coverage shall be provided underneath stairwells including raised entry porches when used as storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler coverage. 54. Club House to be Fire sprinklered as a standard NFPA 13 system. 55. An address shall be provided at building permit submittal. Building / House numbers shall be clearly visible from the street. For Single family homes and attached Town-homes addressing shall be from the street that the front door faces and shall be visible from that street. If the house is recessed, obstructed or at an angle such that the front door is not visible from the street, an additional address sign shall be provided that is visible from the street. All main address numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom, and located at least 60 inches high from the ground. When there are several multi-family units or paseo or private driveway accessed homes within a development, a street number sign shall be installed at paseo entrance showing location and addresses of all buildings accessed down the paseo. If homes have doors on the garage side illuminated addresses numbers shall also be provided. 56. Landscaping in the open space areas shall be maintained so as not to become a fire hazard. All dead and dry vegetation to be removed by May 15th each year and to be maintained until November. 57. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly defined use as a kitchen, closet, dining room, living/family room or study shall be considered a bedroom. Studies/libraries with closets shall be treated as bedrooms. Storage rooms that are provided with windows, and electrical outlets and are greater than 50 square feet may also be considered bedrooms if attached to a dwelling unit. ENGINEERING DIVISION 58. Any work in County right of way, including but not limited to, conditions #39, #40 and #41 of TM 13-11 Conditions of Approval, will require a County encroachment permit. 10.A.c Packet Pg. 262 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 59. Condition #42 of TM 13-11 Conditions of Approval requires Caltrans coordination and concurrence. This will include an encroachment permit for proposed work at the intersection of First Street and Kelton, as well as any work performed in Caltrans right of way. (End) 10.A.c Packet Pg. 263 Attachment: TM 13-11 AS 13-35 Reso 12 month extension (1666 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of the City of Gilroy 2018 Strategic Plan Implementation Action Plan Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of the 2018 City of Gilroy Strategic Plan Implementation Action Plan. BACKGROUND Council convened the first of the two strategic planning study sessions on February 10, 2018. At this meeting, facilitated by Management Partners, Council received presentations from staff regarding some pressing items, including: 1. Fire facilities and staffing 2. Revenue options 3. Use of boards, commissions, and committees 4. Addressing homelessness; and, 5. Recent housing legislation. After presentation of these items and discussion with Council, Council selected five top priorities. These are the priority areas of which staff is to focus their efforts. These five areas are: 10.B Packet Pg. 264 1. Focus on revenue driving new economic development 2. Revitalize downtown including incentives 3. Enhance public safety capabilities 4. Become more customer friendly 5. Prepare for the fiscal cliff/financial stability Council then held its second meeting on February 16, 2018. At this meeting, staff presented a list of proposed activities that could be achieved within the 12 month timeframe from approval of the plan. Council provided further direction modifying those recommendations. ANALYSIS Attached to this staff report is the draft IAP document. Once direction is received from Council and adopted with any changes desired by Council, staff will finalize the document. Priorities In the IAP table, the first column is an identification of priorities. Priority 1 projects would represent strategies that are of the highest importance to Council, while priority 3 items are the lowest that are actively being pursued. This year, staff is proposing for some of the items to be prioritized with the description of Bike Rack. This designation is to identify projects that Council would like to be done, but is not currently foreseeable given the work needed on the other project s with the capacity. Two of the three bike rack strategies are work items tied to Community Development. However, Community Development has several strategies already planned for them with higher importance due to the nature of the improvements anticipate d, and that have a lot of demand on the department resources to meet these goals, while also handling a very high service demand level from residents and developers. The third bike rack item is support for the resolution supporting reversal of Propositions 47’s and 57’s negative impacts. The resolution has been passed already, but the item is being kept on the strategic plan IAP in case some more work related to this item is needed. Bike rack items are still items to be worked on. The difference is that the se are to be worked on passively, as capacity is available. Where bike racked items compete with regular duties and other strategies in the IAP, these items are pushed back. Work is completed as time is available. The other three priorities are intended to be worked into the work plans of the department, with active attainment of the items’ milestones within timelines established. 10.B Packet Pg. 265 IAP Strategies Below is a listing of the activities under each of these 5 priorities, as identified by staff and Council. Economic Development Coherent Economic Development Strategy This strategy is to develop in partnership with our economic development partners a strategy for economic development that is specific to Gilroy. Council has made it clear that the strategy is to include incentives by zone or district, as well as timelines for implementation. Council stressed to staff the need for urgency in preparing and implementing the strategy. Staff is proposing in the IAP to develop the strategy fully within the year, and commence implementation. Staff will work with our economic development partners, and will include the focus areas that Council has requested. Implement recommendation of the Community Development Department review Staff is planning to bring an interim Deputy Director of Community Development to assist the Director with the current workload. This will free up the Director to target her focus on implementation of the recommendations contained in the review by Management Partners. It is the intent of staff to identify those recommendations with the largest anticipated improvement towards customer service, and implement these first. Additionally, there are two additional bodies joining Community Development. This will further enhance the Department’s capacity to act on the recommendations in the review. Revitalize Downtown Trash enclosure consolidation This activity is planned to be jointly addressed by Public Works and the Finance Department. Public works will be working on the technical part of the project, such as specifications, locations, and other aspects of consolidated trash enclosures. The Finance Department will be working through its utility billing function, and working with Recology to obtain use statistics to help with this effort, and to know who is using the cans, and who is using the dumpsters. The effort is intended to help inform the process to obtain buy-in from the downtown residents and businesses to utilize the trash cans. Update parklet process and permits The Community Development Department will be the lead on this effort, through the attention of the Director of Community Development and one of it’s planners. Policies will be developed to require them to be modular and removable, so that 10.B Packet Pg. 266 they can be converted back into parking spaces. The process for businesses to request to develop parklets are currently planned to be addressed through special use permits, which the Department of Public Works administers. Implement bike share program The Department of Public Works is working with LimeBike to implement the bike share pilot program. The pilot program is planned to be in operation for six months. Once data is obtained from Limebike, and all City input (compliments/complaints) are compiled and analyzed, staff will make a recommendation to Council regarding establishing this program on an ongoing basis, or terminating the pilot program. Incentivize use of downtown Staff will be analyzing and compiling options to help encourage residents and businesse to frequent and/or locate within the City’s downtown a rea. The purpose of this strategy is to identify potential ways of encouraging downtown activity to be generated, and therefore draw more visitors and business to the district. Staff will be bringing back an agenda item within the IAP year for Council to provide more direction on these ideas. Incentives for early occupancy and review of downtown policies Through this strategy, staff will review policies and ordinances relating to the downtown. Currently identified areas of focus include evaluating the possi bility of extending the downtown payment plan on impact fees, as well as allowing aesthetic improvements to wait until after occupancy is issued. This may entail bonding by the company, but would be the occupant’s business decision to make. Once further evaluated, staff would then bring an item before Council to discuss subsidization of the payment of the impact fees, as well as other potential improvements identified in the process. Evaluation of a second Paseo and possible permit parking (parking structure or parking lots) Staff will begin looking at the potential of lifting the parkink ordinance by suspension of 2 years for parking relief. Additionally, volunteers may be used to assess if there is really a parking issue, such as determining if the parking issue would persist if business owners and workers were to park behind the businesses. Also, an evaluation of transitioning to angular parking on Eigleberry for parts of the street where parking is not already angled, and what benefits this would have towards addressing downtown parking. Staff report on property owner compliance 10.B Packet Pg. 267 This strategy will entail staff reviewing all compliance requirements for property owners in the downtown district established under various regulatory and approval processes. Staff will then assess and analyze how compliant the property owners are with the requirements. Staff will bring back a report to Council on its findings, and any recommendations to enhance compliance or mitigate impacts of non-compliance. Public Safety Public safety revenue measure; poll community Staff will be approaching Council to recommend that a poll of the community be conducted to assess the level of support that exists by residents regarding a potential public safety revenue measure. Based on the results, a recommendation would be presented to Council to consider the results, and if pursuing such a measure is approved by the Council. Homeless pilot program; coordinate position; explore cost sharing with other agencies Staff will be bringing before Council for consideration at mid-cycle to consider adding a coordinator position to coordinate the multiple partner agencies to address homeless issues. This will likely be a limited-term position on a trial basis. Glen Loma Fire Station decision Based on Council’s input, staff will prepare an amendment to the development agreement with Glen Loma to address the time needed to conduct its due process on recommendations for the future Glen Loma Fire Station. Additionally, the Standards of Cover document will be completed, which will provided needed information for Council to make a determination on the future of the Fire Station. Resolution of support to reverse the negative impacts of Propositions 47 & 57 Council has already approved a resolution to support this effort to reverse the negative impacts of the two above mentioned propositions. However, there may be other efforts needed to support passage of legislation to effectuate this reversal. As such, staff is recommending that this strategy stay in place until these negative impacts are addressed by the current statewide effort. Crime prevention; seek additional grant funding Through this strategy, staff will continue to seek grant funding that can be used to pay for services to help prevent crime, whether addre ssing current criminal activity, or funding “upstream” investments in helping prevent youth and at-risk youth from proceeding down a path towards criminal activity. 10.B Packet Pg. 268 Customer Friendly Employee training Through this strategy, staff will conduct specific departmental and general city- wide training. This training would be mandatory, and internally administered. The training will focus on values identification, goals of the City and departments, and encourage the development of a culture of customer service for the City of Gilroy. Community development For the Community Development Department, staff is planning to secure s upport to free up the Director to focus on customer service improvement’s for the department. This will include developing and providing technical and quasi- technical training for department staff. Additionally, each department will develop customer feedback mechanisms, or enhance the use of existing mechanisms. The data will then be aggregated and reported to Council. Revisit mission, vision, values; senior managers are stewards of the whole in partnership with the City Council Staff will develop a process, in coordination with Council, to revisit the guiding principles of the City. This will include reviewing what these principles are currently, and any recommended changes for Council to consider at a future agenda item. Fiscal Cliff/Financial Stability Public safety revenue measure As mentioned above, staff is planning to conduct a community poll to determine the level of support in the community of having a public safety revenue measure. Data collected will then be analyzed and recommendations provided for Council to make a determination on such a measure. This item is actually the same as the revenue measure under Public Safety. Update fees and charges The Finance Department, under this strategy, will work with other departments of the City to update its fees and charges. This will assist the City in capturing more of the costs for select services, and reducing subsidies of services by taxpayers when it is expected that fees paid by those using the services cover the costs for such services. Update 10-year forecast 10.B Packet Pg. 269 Management Partners has already updated the forecast model in April. Staff will update the 10-year financial forecast with current data of revenues and expenditures, updates on anticipated PERS changes, and firming up data after the close of Fiscal Year 2018. The new forecast will then be presented to Council. CalPERS study session Staff, in meeting the intent of this strategy, will schedule either one or several study sessions to discuss the impacts of CalPERS’ decisions on the City’s financial condition. This would include: o exploring the establishment of a PERS stabilization trust fund; o acceptable levels of PERS pre-funding; o negotiating employee cost share; current legal cases and upcoming decisions relating to defined benefit retirement plans, such as the pending Marin County decision; o developing a long-term strategy regarding PERS increase; and, o surveying other cities’ solutions to determine if they can be applied beneficially to Gilroy. ALTERNATIVES Council may approve the proposed 2018 Strategic Plan Implementation Action Plan (IAP). Recommended. This document provides the direction received from Council to staff. By adopting this plan, staff will commence work on the items contained within it. Council may alternatively make changes to the proposed plan document. Not recommended. The proposed IAP was developed with direction provided by Council. Should Council decide to make changes, depending upon the magnitude of the changes, may require another study session, and more time to make modifications and planning for the IAP revisions. This may delay implementation of the rest of the plan. FISCAL IMPACT/FUNDING SOURCE Adoption of the IAP does not generate a fiscal impact to the City. Actions with fiscal impacts to the City in implementing this plan will be brought before Council in future meetings. CONCLUSION Staff has prepared the attached IAP document to identify the strategies to meet the goals that Council has identified. This includes the timeframe, assigned staff positions to the activities, and comments regarding the milestones and/or other matters of importance for each strategy. Adopting this IAP will provide the direction for staff to implement these strategies to work towards attainment of Council’s five identified goals. 10.B Packet Pg. 270 Attachments: 1. DRAFT Gilroy 2018 Strategic Plan IAP 10.B Packet Pg. 271 City of Gilroy Strategic Plan – 2018 Implementation Action Plan In the tables below “U” means underway. Goal 1 – Economic Development: Focus on Revenue Driving Economic Development Goal 1 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 1 Coherent Economic Development Strategy 7 initiatives update– June 2018 Further timelines based on Council direction in working with economic development facilitator Administration/ City Administrator’s Office Economic Development Corporation; Gilroy Welcome Center; Chamber of Commerce; Downtown Business Association Comments: In Partnership Specific to Gilroy Incentives by zone or district Urgency Timeline for Implementation Milestones: Presentation of the 7 initiatives to Council Additional facilitated economic development study session/strategy development Completion of information gathering projects by the Gilroy EDC Strategy adoption Progress: 10.B.a Packet Pg. 272 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 2 Goal 1 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 1 Implement Recommendations from the Community Development Department Review Develop Work Plan – August 2018 Identify key staff, resources and time to implement – September 2018 Initial Report to Council on work plan and key assets to omplete the plan – October 2018 (1st quarterly report) Community Development/ Director Deputy Director of Community Development Comments: New Senior Planner hired Currently in recruitment for Deputy Director of Community Development Milestones: Develop project specific work plan to implement the recommendations Identify key staff, resources, and time to implement Report back to Council quarterly progress until all recommendations are met. Progress: 10.B.a Packet Pg. 273 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 3 Goal 2 – Downtown Revitalization: Revitalize Downtown Including Incentives Goal 2 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 2 Trash Enclosure Consolidation Technical components, including final designs, locations, and implementation plans – February 2019 Public Works/ Director Recology – Customer service and customer outreach/ coordination Finance Director – financial assistance as needed Comments: Technical part will be completed this year Coordination of businesses to obtain buy-in will take time. Milestones: Develop work plan with Recology Progress: Meetings are currently being held to implement this strategy 2 Update Parklet Process and Permits Draft process before Council – October 2018 Create Fact Sheets and Implement new process and permits – December 2018 Community Development/ Director Planner; Public Works relating to special use permits Comments: Policies will require them to be modular and removable to convert back to parking spaces Will be addressed through special use permits which Public Works manages. Milestones: Progress: 3 Implement Bike Share Program Pilot program with LimeBike – TBD, timeline is dependent upon LimeBike’s implementation of their service in Gilroy Update on pilot project – six months after LimeBike program implementation Public Works/ Director Bicycle Pedestrian Commission consulting, Public Works operations staff to address issues. Comments: Six month pilot project has been approved and is being implemented by LimeBike. Depending upon success of pilot program, project will proceed or be cancelled. Milestones: Six month implementation report to Council after LimeBike implements their service Progress: 10.B.a Packet Pg. 274 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 4 Goal 2 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 1 Incentivize Use of Downtown Staff gather and compile compliance requirements from all sources that are active in the downtown district – November 2018 Compare compliance attainment and improvements in compliance needed – February 2019 Bring report to Council regarding assessment, as well as recommendations for improvement – April 2019 Administration/ City Administrator Comments: Milestones: Gather compliance requirements Analyze and report on compliance Present to Council Implement any improvements as directed Progress: 1 Incentives for Early Occupancy and Review of Downtown Policies Develop draft policies – September 2018 Council determination of subsidized payment of fees – November 2018 Implement and roll out program – January 2019 Community Development/ Director City Administrator, Gilroy EDC, Gilroy Downtown Bus. Assoc. Comments: Extend downtown payment plan on impact fees Aesthetic after occupancy Bonding for temporary occupancy for the remaining work to be done. On business owners Council to determine if they want to subsidize the payment of the fee Milestones: Progress: 10.B.a Packet Pg. 275 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 5 Goal 2 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 2 Evaluation of Possible Permit Parking (parking structure or parking lots) VIP assessment of parking trends and issues – October 2018 Parking Ordinance Suspension Review and potential pilot project – December 2018 Angular parking on Eigleberry – December 2018 Evaluate other parking concepts – December 2018 Community Development/ Director Police VIPs, Downtown Business Association; Gilroy EDC; Gilroy Welcome Center Comments: Look at lifting parking ordinance, suspend for 2 years Use VIPs to assess if really a parking issue, if owners and employees would park in the back Look at angular parking on Eigleberry as well for parts that do not already have it Section between 6th and 7th, by demonstration garden, has become residential parking instead of business parking. Monitor to see who is parking there Evaluate dirt lot behind Art Center that City owns to make it spillover parking Look at select 3 commercial businesses on the first floor for a year Milestones: Progress: Bike Rack Evaluation of a Second Paseo Determine measure of first paseo benefits – December 2018 Establish criteria and potential location for second paseo project – February 2019 Community Development/ Director Public Works Department Staff; Bicycle Pedestrian Commission – consulting commission Comments: Milestones: Determine measure of first paseo benefits Establish criteria and potential location for second paseo project Progress: 10.B.a Packet Pg. 276 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 6 Goal 2 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments Bike Rack Staff Report on Property Owner Compliance Review compliance measures and requirements – July 2018 Analyze and draft staff report; present to Council – October 2018 Community Development/ Director Community Development and Public Works staff; economic development and downtown partners Comments: Milestones: Review compliance measures and requirements Analyze and draft staff report; present to Council Progress: 10.B.a Packet Pg. 277 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 7 Goal 3 – Public Safety: Enhance Public Safety Capabilities Goal 3 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 1 Public Safety Revenue Measure – Poll Community Polling company contract – June 2018 Polling process completed and results presented to Council – August 2018 Administration/ City Administrator’s Office Finance Director – Advanced support for securing polling firm proposals Comments: Ask Council to make a determination Milestones: Secure contract polling company Council input on polling questions Consultant conduct polling Receive report on public support Council makes determination to proceed or cease pursuing a revenue measure Progress: 1 Homeless Pilot Program Council consideration of coordinator position – June 2018 Progress update on Pilot program – January 2019 Police/ Chief of Police Comments: Coordinator position; explore cost sharing with other agencies; initial investment made already by Council for $100,000 Milestones: Hiring a coordinator position Progress update to Council on achievements of pilot program Progress: 2 Glen Loma Fire Station Decision Amend Development Agreement – August 2018 Complete Standards of Cover – December 2018 Council decision – February 2019 Fire/ Fire Chief Standards of cover partner agencies; Comments: Milestones: Amend development agreement Complete Standards of Cover Council decision Progress: 10.B.a Packet Pg. 278 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 8 Goal 3 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments Bike Rack Resolution of Support to Reverse Propositions 47 and 57 Negative Impacts N/A Police/ Police Chief N/A Comments: Resolution adopted. Not deemed complete in case additional support activities are needed. Timeline and team members would be updated if additional activities are identified. Milestones: Progress: 3 Seek Crime Prevention Grant Funding N/A Police/ Youth Gang Prevention Manager Finance Dept. staff regarding terms of grant fund management Comments: Continuing search for possible public safety grant funding. Milestones: No milestones as the work will depend on what grants are identified as potential funding sources Progress: 10.B.a Packet Pg. 279 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 9 Goal 4 – Customer Service: Become More Customer Friendly Goal 4 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 2 Employee Training Creation of training curriculum – September 2018 Develop training plan, timelines, key measures of success – November 2018 Implement training program – January 2019 Complete initial training program – February 2019 Evaluate potential further and ongoing training – February 2018 Community Development/ Director of Community Development Deputy Director of Community Development; City Administrator; Human Resources; Comments: Specific Departmental Values identification/training Goals of City and departments When and what questions to ask Culture of customer service Mandatory Internal Milestones: Duties shift to free up Director to develop this training Creation of training curriculum Implementation of training program Survey modified for determining customer service improvement Report to Council on degree of success Progress: 10.B.a Packet Pg. 280 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 10 Goal 4 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 1 Community Development Creation of training curriculum – September 2018 Develop training plan, timelines, key measures of success – November 2018 Implement training program – January 2019 Complete initial training program – February 2019 Evaluate potential further and ongoing training – February 2018 Community Development/ Director of Community Development Public Works Director Comments: Support to free up director to focus on customer service improvement Technical and quasi-technical training Each department develop on customer feedback mechanism; aggregate data and report to Council Milestones: Duties shift to free up Director to develop this training Creation of training curriculum Implementation of training program Survey modified for determining customer service improvement Report to Council on degree of success Progress: 3 Revisit Mission, Vision, Values Department head meeting – July 2018 Staff all-hands meetings – September 2018 Compile and present to Council – January 2019 Administration/ City Administrator’s Office City Council; All Department Heads Comments: Senior Managers are stewards in partnership with the City Council Milestones: Meeting with Department Heads to review mission, vision, values Convene meeting with general employees to get feedback/ideas Compile recommendations for Council report Implement Council direction Progress: 10.B.a Packet Pg. 281 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 11 Goal 5 – Fiscal Stability: Prepare for the Fiscal Cliff/Financial Stability Goal 5 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 1 Public Safety Revenue Measure Polling company contract – June 2018 Polling process completed and results presented to Council – August 2018 Administration/ City Administrator’s Office Finance Director – Advanced support for securing polling firm proposals Comments: Ask Council to make a determination Milestones: Secure contract polling company Council input on polling questions Consultant conduct polling Receive report on public support Council makes determination to proceed or cease pursuing a revenue measure Progress: 1 Update Fees and Charges RFP for consultant issued – June 2018 Consultant selected – August 2018 Initial proposal for update – November Presentation to Council - December 2018 Adoption of updates – January 2019 Finance/ Finance Director Finance Manager – Budget Division Comments: Milestones: Draft RFP Issue RFP Evaluate and Select Consultant Receive consultant recommendations Staff report to Council Council adoption of updates Implementation and noticing to the public sent Progress: 10.B.a Packet Pg. 282 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) Page 12 Goal 5 Priority Strategy and Implementation Steps Timeline Lead Department / Position Team Members Milestones, Progress and Comments 3 Update 10-Year Financial Forecast Model Update - September 2018 Presentation to Council – November 2018 Finance/ Finance Director Finance Manager – Budget Division Comments: Management Partners assisting with update of forecast Milestones: Progress: 10 Year Forecast updated. Being utilized in various 2 CalPERS Study Session Analysis, discussion topics, and other information gathering – September 2018 Prepare agenda and hold special meeting with Council – January 2019 Develop implementation plan – February 2019 Human Resources/ Director Finance Department staff Comments: Discuss: PERS stabilization trust fund Acceptable level of PERS pre-funding Negotiate employee cost share Marin decision Long-term strategy regarding PERS increase Survey other city solutions Agenda item for Trust Fund - $500,000 first year contribution Milestones: Progress: 10.B.a Packet Pg. 283 Attachment: DRAFT Gilroy 2018 Strategic Plan IAP (1575 : Adoption of the Strategic Plan) City of Gilroy STAFF REPORT Agenda Item Title: Presentation and Consideration of the Information Technology Strategic Plan Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Information Technology Submitted By: Jimmy Forbis Prepared By: Scott Golden Scott Golden Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION a) Approval of the Information Technology Strategic Plan; and, b) Adoption of the recommendations provided in the Information Technology Strategic Plan BACKGROUND In October 2017 the City engaged NexLevel IT (now SDI Presence) to start the Information Technology Strategic Plan project. Over the last few months the strategic planning process has included multiple phases of work to create the report. The Analysis phase focused on obtaining a comprehensive and realistic understanding of how effectively the current technology environment meets the City’s requirements, business objectives, and priorities. This primarily involved information gathering through a variety of methods including Department Interview Workshops, interviews with Council Members, “Voice of the User” survey, and best practices analysis. This resulted in the Information Technology Assessment Report. In the next phase, Strategize, SDI consultants reviewed and analyzed the findings of previous phases in order to identify and prioritize projects to be included in the IT Strategic Operating Plan. This included the “Blue Wall” prioritization workshop with the City Administrator and 10.C Packet Pg. 284 Department Head team. From this the completed Information Technology Strategic Plan was crafted. ASSESSMENT REPORT The IT Assessment Report documents the findings and recommendations that were developed in the course of completing the IT Strategic Plan. SDI worked collaboratively with the manager and staff of the Information Technology Division (ITD) to complete the assessment. The scope of the IT Assessment included a review of the information technology challenges and opportunities facing the City based on interviews with ITD’s Manager and staff members, an assessment of the degree to which ITD conforms to IT Best Practices, department user interview workshops and user survey, and review of ITD documentation. Overall, the IT assessment found that the City is conformant to 43% of measured technology best practices which places the City within the upper tier of the Reactive Level of the maturity model which is close to the average (45%) for prior assessments of this type conducted by SDI. Service Delivery, Infrastructure, Security / Information Protection, and IT Administration are either within the Proactive Level of the maturity model or close to it and are elements of strength for the City. IT Governance and Business Applications rank lower, due to the highly informal processes used as well as the age of the City’s business applications (such as SunGard) and the lack of a detailed Application Portfolio to manage them. STRATEGIC PLAN The Information Technology Strategic Plan articulates a vision and roadmap for the effective use of technology to support the work of the City of Gilroy. This is the cornerstone of our efforts to improve the balance between demand for increased technology adoption and available IT resources, capital, and operating funds. The plan sets the direction for the City’s use of technology for the next three to five years. The following recommendations are provided in the report: Recommendation Description Establish IT Governance for technology oversight Establish a formal IT advisory committee composed of department heads under the direction of the City Administrator for the purpose of ensuring the continuing alignment of business and IT priorities. Bring staffing resources to an appropriate level The City should recruit and fill the vacant IT Application Analyst position, create a new position of IT Business Analyst, and create a new position of Network 10.C Packet Pg. 285 Administrator. Establish IT Governance for Project Management ITD with sponsoring departments should implement project charters that will be used to document the scope, objectives, risk, and resource requirements of a proposed project for review by the City’s IT governance committee. Establish a GIS Roadmap Establish a series of GIS recommendations for use and expansion of the ERSI GIS application and dedicate resources to ensure that the information in GIS is accurate, current, and complete. Development and implement an Electronic Content Management (ECM) strategy Develop and implement a strategy that identifies objectives and priorities for content management, document retention and disposal standards, workflows, and restructuring, and management of the City’s network file storage. Develop a Public Safety business application roadmap The City should develop a tactical plan for implementing, updating, supporting, and replacing specific Police Department technologies. Develop a comprehensive plan for business resilience The City should develop a comprehensive plan for business continuity and disaster recovery. Develop a formal cybersecurity plan The City should embark on a program to develop a formal, NIST-conformant, cybersecurity plan that includes monitoring network activity to detect intrusion attempts and suspicious network activity, and procedures to mitigate threats. Adopt a formal approach to business application portfolio management ITD should adopt a formal approach to application portfolio management by evaluating business applications that should be retired or replaced, that provide similar functionality and that could be consolidated and a plan for the remediation of other, dated business applications. Develop and implement a regularly ITD should work with the City’s 10.C Packet Pg. 286 scheduled application training program departments to develop and implement a regularly-scheduled application training program conducted by users who are subject-matter and application experts or by professional trainers. Develop and maintain key information technology policies and procedures ITD should work with the City’s management team to develop, publish, and maintain key information technology policies and procedures and to ensure that City employees are aware of their responsibilities and generally conform to them. ITD should also perform a periodic review of policies to ensure that they are current and reflect ever-changing best practices. Standardize and expand information technology service delivery As resources become available, ITD should standardize and expand its Help Desk environment by creating a service catalog, publishing statistics regarding ITD’s conformance to service levels, capturing time worked against Help Desk tickets, establishing a self-help knowledge base that is readily available to users, providing the ability for users and ITD staff members to collaborate on the resolution of tickets and developing a formal process for the review of Help Desk tickets and for the identification and remediation of root- causes In addition to the recommendations, the Strategic Plan outlines project prioritization and overall guidance to better allocate our information technology resources and to obtain greater benefits for our investments in information technology. Consistent with the recommendations of the Strategic Plan, the following major initiatives are already underway: Enterprise Resource Planning System, Land Management System, Customer Relationship Management App, City Council Chamber Audio/Visual System Modernization, Asset and Work Order Management, and Project Management Systems. With the approval of the recommendations the following additional initiatives will begin: Initiative Date Implement City-wide Information Technology Governance July – Dec 2018 10.C Packet Pg. 287 Reorganize Information Technology and bring staffing to an appropriate level under separate Council action July – Dec 2018 Finish developing and publish updated Information Technology policies and procedures July – Dec 2018 Establish an application roadmap for Geographic Info rmation Systems (GIS) July – Dec 2018 Upgrade Laserfiche to prepare for the Community Development Records Digitization project July – Dec 2018 Development of a formal cybersecurity plan July – Dec 2018 Internet capacity upgrade and resiliency design July – Dec 2018 Technology equipment refresh planning July – Dec 2018 The remaining recommendations will be addressed in a systematic manner as documented in the ITSP Project Prioritization and Scheduling diagram in the report, taking place over the next 5 years. As outlined in the report, there are a number of key constraints that need to be addressed in order to more effectively implement and support the currently in progress technology projects and initiatives and provide improved ongoing support, as wel l as move forward with the Strategic Plan recommendations. These are described below: The number of IT and user resources required to support the completion of these projects, as scheduled, exceeds the resources available to the City; unless resolved this will result in: a) the projects taking longer to complete, and cost more, than anticipated; b) an increased likelihood that the City may not be able to realize the intended benefits of these projects; and c) that the City’s ability to deliver services to the co mmunity could be reduced. Implement Information Technology Governance through a formal IT advisory committee composed of department heads under the direction of the City Administrator for the purpose of ensuring the continuing alignment of business and IT priorities, vetting proposed initiatives, and assigning user ownership to business-related projects. Although the use of cloud-based business applications (software-as-a- service) and greater reliance on vendor resources can help minimize the burden on City IT and user resources, the City’s infrastructure (particularly its connection to the Internet) must become more reliable and fast. 10.C Packet Pg. 288 The geo-database supporting the City’s GIS reportedly has information that is not complete, accurate, or current. The City will be unable to effectively progress with the implementation of new land management and asset management systems until this is resolved and the City has a long -term approach to the ownership and management of GIS. Addressing these, with staffing and governance as the highest priority, would provide the greatest benefit as the increased resources and organizational structure would facilitate our ability to move forward with the other recommendations. FISCAL IMPACT/FUNDING SOURCE The Strategic Plan has outlined the following amounts for the prioritized projects per fiscal year, as listed below. Elements of the Strategic Plan are projects already present in the approved budget and the mid-cycle budget report. FY 18-19: $1,425,000 FY 19-20: $425,000 FY 20-21: $635,000 FY 21-22: $144,000 FY 22-23: $29,000 As listed, in FY18-19 there would be a $335,000 difference between currently approved projects and additional funding that would be needed for specific new projects requested and prioritized in the Strategic Plan. However, the approved IT decision package for $885,000 will be able to cover the shortfall. Specific line items that were used to create the overall total in the decision package will be reallocated for the prioritized projects as listed in the Strategic Plan. Additional funding requests for the future years will be brought to Council for approval when needed as per existing Purchasing policies. CONCLUSION Strategic planning enables organizations to find a balance between immediate and long-term needs. It follows that the process for the development of a strategic plan needs to take the same considerations into account. Change is a constant concern for public sector executives who must often respond to increased public expectations and new mandates with limited resources and information technology environments that are not agile. Without an Information Technology Strategic Plan to serve as a baseline to manage and respond to change, organizations tend to become reactive rather than proactive and, as a result, realize reduced benefits for their investments in information technology. An IT Strategic Plan should not be an event, but rather must be a process. Most organizations; however, treat IT strategic planning as an event since the need to plan is not engrained in organizational culture in the same way as budgeting, for example. Policy makers and managers have learned that budgets must be continually tracked, verified, and updated in the course of a fiscal year – and then successively refined in out years. 10.C Packet Pg. 289 Organizations that place a premium on managing their total cost of ownership for information technology and obtaining the highest possible return for their investments in IT have found that they must have the same continuing commitmen t to IT strategic planning. This Information Technology Strategic Plan provides the proper guidance and framework as we move forward implementing the plan. Attachments: 1. City of Gilroy Information Technology Strategic Plan - Final Report 10.C Packet Pg. 290 The City of Gilroy Information Technology Strategic Plan May 29, 2018 Final Report formerly 10.C.a Packet Pg. 291 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | a This document has been formatted for duplex printing and this page has intentionally been left blank 10.C.a Packet Pg. 292 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | b Table of Contents Section 1 - Introduction ................................................................................................................................ 1 1.1 – Scope and Objectives ....................................................................................................................... 1 1.2 – Document Organization and Contents ............................................................................................ 2 Section 2 – Executive Summary .................................................................................................................... 4 2.1 – Introduction ..................................................................................................................................... 4 2.2 – Findings and Recommendations ...................................................................................................... 4 2.3 – IT Strategic Plan ................................................................................................................................ 6 Section 3 – City’s Current IT Environment .................................................................................................... 8 3.1 – Introduction ..................................................................................................................................... 8 3.2 – SWOT Analysis .................................................................................................................................. 8 3.3 – IT Assessment Findings and Recommendations ............................................................................ 10 Section 4 – IT Trends ................................................................................................................................... 17 4.1 – Emerging IT Trends......................................................................................................................... 19 4.2 – Established IT Trends ..................................................................................................................... 22 Section 5 – Development of the IT Strategic Plan ...................................................................................... 32 5.1 – Introduction ................................................................................................................................... 32 5.2 – Project List ...................................................................................................................................... 33 5.3 – Planning and Prioritization Workshop ........................................................................................... 33 5.4 – Project Schedule Refinement and Project Costs ............................................................................ 37 Section 6 – Conclusion ................................................................................................................................ 43 Appendices .................................................................................................................................................. 45 Appendix A – Project List ........................................................................................................................ 46 This Information Technology Strategic Plan was prepared for the City of Gilroy, California, by SDI Presence, LLC. 10.C.a Packet Pg. 293 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | c This document has been formatted for duplex printing and this page has intentionally been left blank 10.C.a Packet Pg. 294 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 1 Section 1 - Introduction 1.1 – Scope and Objectives This document, entitled Information Technology (IT) Strategic Plan, was prepared for the City of Gilroy (City) by SDI Presence, LLC (SDI) to document the process used to develop the City’s IT Strategic Plan was developed and the results of the planning effort. The IT Strategic Plan will enable the City to better allocate its information technology resources and to obtain greater benefits for its investments in information technology. The plan does not attempt to predict the future; but rather, in conjunction with the establishment of a more thorough process for the governance of the City-wide use of information technology, provides both a process and a baseline to enable the City to more effectively respond to new and/or changing requirements by proactively adapting processes, organization, people, and infrastructure. Figure 1 – IT Strategic Planning Methodology (Source: SDI) Figure 1, IT Strategic Planning Methodology depicts the major steps in the effort to develop the City’s IT Strategic Plan including: Conducting a city-wide survey of user satisfaction with the City’s information technology infrastructure, business applications, and the services delivered to the user community by the City’s Information Technology Division (ITD). The results of the “Voice of the User” survey were documented and provided to the City. Conducting a series of individual and small group interviews with Council Members, key user department heads, and stakeholders to develop a more detailed perspective of the business “If you don't know where you are going, you might wind up someplace else.” - Lawrence “Yogi” Berra 10.C.a Packet Pg. 295 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 2 applications and information technology services being used, the challenges that are being experienced, and planned projects. Developing an Information Technology Assessment Report that included an analysis of the City’s conformance to IT Best Practices as well as findings and recommendations for the City. The report was reviewed with City management and revised as needed. Developing a list of proposed strategic and departmental projects based on the results of the Information Technology Assessment Report that provided the basis for conducting a Planning and Prioritization Workshop. Conducting an open and collaborative Planning and Prioritization Workshop in which the City’s key stakeholders, evaluated the relative priority of the prosed projects and mapped out the project schedule. SDI then used the results of the workshop to complete the IT Strategic Plan for the City of Gilroy. 1.2 – Document Organization and Contents Figure 2 – Document Organization and Contents (Source: SDI) As depicted in Figure 2, Document Organization and Contents, the IT Strategic Plan contains the following sections: Section 1 – Introduction: Provides information regarding the scope of the planning effort and the organization and contents of the IT Strategic Plan. Section 2 – Executive Summary: Provides a summary of the steps in the development of the IT Strategic Plan including the assessment of the City’s current information technology environment, the City’s most critical information technology needs, and the results of the prioritization workshop. Section 3 – Summary of IT Assessment: Provides a summary of the findings and recommendations provided in the IT Assessment Report, including an overview of the City’s conformance to IT best practices and the resulting recommendations. Section 4 – Information Technology Trends: Provides a discussion of the most significant changes in information technology that will likely impact the City over the duration of the IT Strategic Plan. Section 5 – Development of IT Strategic Plan: Provides information regarding the open and collaborative process that was used to develop the IT Strategic Plan, including the steps in its development and refinement and the resulting project roadmap. Section 6 – Conclusion: Provides thoughts and observations for the City’s consideration based on SDI’s experience in developing IT Strategic Plans for local governments and special districts in the State of California as well as working with them in the implementation of IT Strategic Plans. 10.C.a Packet Pg. 296 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 3 Terminology Please note that in order to avoid confusion, the use of acronyms has generally been avoided. References to the City’s Information Technology Division will either be spelled out or use the acronym “ITD.” General references to information technology will either be spelled out as such or use the acronym “IT.” 10.C.a Packet Pg. 297 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 4 Section 2 – Executive Summary 2.1 – Introduction The Information Technology (IT) Strategic Plan was developed for the City of Gilroy by SDI as the culmination of an extensive process of information gathering, analysis, collaboration and review that included interviews and workshops with key members of the City’s leadership team to identify, review, and prioritize proposed strategic and departmental information technology projects. Key components of this process included an anonymous survey of the user community regarding their satisfaction with the City’s information technology infrastructure, business applications, and services as well as an assessment that considered the City’s ability to govern, manage, and deliver information technology services. The information technology assessment included a series of interviews with key user stakeholders and members of the City’s management team to identify the technologies being used, concerns with the technologies and/or the support for them, and future plans as well as an analysis of the degree to which the City’s practices and procedures conform to a set of IT best practices. More detailed information regarding the results of the IT Assessment are provided in Section 3, City’s Current IT Environment (below); however, in general, the assessment found that the City’s conformance to IT best practices has been limited by organizational, funding, and staffing challenges, and is characteristic of an organization that has a reactive approach to the governance of information technology and the management and delivery of IT services. The key difference between organizations that are generally reactive in their approach to the use of information technology compared to organizations that are more proactive, is that reactive organizations are primarily concerned with managing their total cost of ownership for information technology while proactive organizations are more focused on obtaining a higher level of return for their investments in information technology. Proactive organizations see information technology as a strategic enabler that makes it possible for them to more effectively deliver services. The City’s conformance to the IT best practices (43%) is relatively close to the average (45%) for similar engagements conducted by SDI for local governments in the state and also relatively close to the threshold for proactive organizations (50%). The findings and recommendations provided in the IT Assessment Report are intended to enable the City of Gilroy to sustain existing service levels while improving best practice conformance to a level that is reflective of a proactive organization. 2.2 – Findings and Recommendations Table N, Summary of Findings and Recommendations, in Section 4, City’s Current IT Environment, provides more detailed information regarding the findings and recommendations. The list below provides a more general terms list of the recommendations, each of which is intended to be specific, actionable, and measurable: “Gartner [a leading IT research and advisory services firm] predicts that, by 2025, every industry will be transformed by digital business. Recognizing this inevitability, 52% of CEOs and senior business executives say their organization has a digital business strategy. In leading organizations, the digital business strategy is the business strategy.” – Gartner, Top 10 Strategic Technology Trends for 2016, February, 2016 10.C.a Packet Pg. 298 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 5 Recommendation 1: The City should establish a formal IT advisory committee composed of department heads under the direction of the City Administrator for the purpose of ensuring the continuing alignment of business and IT priorities, vetting proposed initiatives, and assigning user ownership to business-related projects. Recommendation 2: The City should take the following steps to bring the level of support within ITD to an appropriate level including (a) Recruit and fill the vacant IT Application Analyst position which will provide project management support during the implementation of new business applications; (b) Create a new position of IT Business Analyst which will provide on-going application support to City departments, co-ordinate training, provide technology consulting, and assist in defining improved workflows; and (c) Create a new position of Network Administrator to provide additional on-going technical support and backup to current IT Technicians. The City has previously experienced problems in finding suitably qualified candidates in a highly competitive labor market and the City will likely need to develop and adopt a strategy for filling these positions which could include conducting a classification and compensation study for ITD, and leveraging contracted staff members and/or external services. Recommendation 3: ITD should develop and implement a thorough process for the development of project charters that includes review of draft charters by ITD (possibly in a peer review format) and then by the sponsoring department. Recommendation 4: The City should: (a) Establish a GIS roadmap (a series of GIS recommendations) for the on-going use and eventual expansion of the ERSI GIS application so that all current and future users of GIS understand the long-term goals of GIS and the City’s strategy for its use of GIS; and (b) Dedicate resources to ensure that the information in GIS is accurate, current, and complete. Recommendation 5: The City should develop and implement an Electronic Content Management (ECM) strategy that identifies its objectives and priorities for content management, the content management stakeholders and their respective responsibilities as well as an inventory of the various document repositories in use, document retention and disposal standards, etc. Recommendation 6: The City should develop a tactical plan for implementing, updating, supporting, and replacing specific Police Department technologies/software including, but not limited to applications such as: Automated License Plate Readers, e-Citation, Timekeeping/Scheduling, field reporting, crime analytics, digital evidence, etc. This project should include identifying the level of support required for the various PD-based technologies, on-going staffing, and other specific software application requirements. Recommendation 7: The City should develop a comprehensive plan for business resilience (i.e., business continuity and disaster recovery) that establishes the priorities for restoring technology services and ensures adequate processes, procedures, and resources are available to support an orderly recovery of the City’s applications within the defined timeframe and in priority as deemed by the City departments. Recommendation 8: The City should develop a formal, NIST-conformant, cybersecurity plan that addresses all phases of cybersecurity including planning and implementing preventative measures, monitoring network activity to detect intrusion attempts and suspicious network activity, the implementation of procedures to mitigate cyberthreats and to recover from them, 10.C.a Packet Pg. 299 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 6 as well as processes to review the cyberattack and continually adapt the City processes to better meet similar threats in the future. Recommendation 9: ITD should develop an applications portfolio to enable the City to make informed decisions regarding: (a) the business applications that should be retired or replaced (and whether with a new or existing business application); (b) Business applications that provide similar functionality and that should be consolidated; and (c) The plan for the remediation of other, dated business applications. Recommendation 10: ITD should work with the City’s departments to develop and implement a regularly-scheduled application training program conducted by users who are subject-matter and application experts or by professional trainers. Recommendation 11: ITD should work with the City’s management team to develop, publish, and maintain key information technology policies and procedures and to ensure that City employees are aware of their responsibilities and generally conform to them. ITD should also perform a periodic review of policies to ensure that they are current and reflect ever-changing best practices. Recommendation 12: ITD should standardize and expand its Help Desk environment by: (a) Creating a service catalog; (b) Publishing statistics regarding ITD’s conformance to service levels; (c) Capturing time worked against Help Desk tickets; (d) Establishing a self-help knowledge base that is readily available to users; (e) Providing the ability for users and ITD staff members to collaborate on the resolution of tickets; and (f) Developing a formal process for the review of Help Desk tickets and for the identification and remediation of root-causes. 2.3 – IT Strategic Plan Figure 3 – ITSP Project Prioritization and Scheduling (Source: SDI) Additional information about the IT Strategic Plan is provided in Section 5, Development of the IT Strategic Plan. Broadly, as depicted in Figure 3, ITSP Project Prioritization and Scheduling, the plan consists of fifty-two city-wide, departmental, and IT projects including some projects that are already in 10.C.a Packet Pg. 300 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 7 progress and some that are planned. The projects have been prioritized by the City’s management team and scheduled over five fiscal years through FY 2022/23 with the bulk of the projects scheduled in FY 2018/19 and FY 2019/20 as a result of the immediate need to replace many of the City’s business applications (including the financial system, the land management system, and the work order / asset management system) as well as replace aging components of the City’s IT infrastructure. The City must face and resolve several key constraints in order to implement this plan: The number of IT and user resources required to support the completion of these projects, as scheduled, exceeds the resources available to the City; unless resolved this will result in: (a) the projects taking longer to complete, and cost more, than anticipated; (b) an increased likelihood that the City may not be able to realize the intended benefits of these projects; and (c) that the City’s ability to deliver services to the community could be reduced. Although the use of cloud-based business applications (software-as-a-service) and greater reliance on vendor resources can help minimize the burden on City IT and user resources, the City’s infrastructure (particularly its connection to the Internet) must become more reliable and fast. The geo-database supporting the City’s GIS reportedly has information that is not complete, accurate, or current. The City will be unable to effectively progress with the implementation of new land management and asset management systems until this is resolved and the City has a long-term approach to the ownership and management of GIS. 10.C.a Packet Pg. 301 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 8 Section 3 – City’s Current IT Environment 3.1 – Introduction SDI conducted a review of the City’s current information technology environment including the City’s business applications and the ability of the City and ITD to govern information technology and to manage the delivery of information technology services. Two of the key components of this review were an analysis of the City’s strengths, weaknesses, opportunities, and threats (SWOT), and the development of findings and recommendations to enable the City to remediate the weaknesses and to leverage the strengths. Each of these is discussed below. 3.2 – SWOT Analysis Figure 4, SWOT Analysis, provides a summary view of the findings of the IT Assessment including the strengths, weaknesses, opportunities, and threats related to the City’s information technology environment and the processes and procedures supporting it. There is a close relationship between these items since the City’s ability to realize the potential opportunities and to mitigate the potential threats is dependent on its ability to leverage its strengths while addressing the weaknesses. The IT Assessment confirmed that the City is facing a particularly difficult situation. Key components of its information technology infrastructure (including business applications, the network, servers, and desktops) could not be replaced as needed due to limited funding during the recession and many are now over-aged and need to be replaced even as public expectations for access to City information and services have increased. A repeated theme in the user interviews that were conducted as part of the Information Technology Assessment emphasized the impact that this has had on the ability of City staff members and decision-makers to meet community needs. One interviewee summed it by stating that “at times it seems as if we work for the business application (name omitted) rather than the business application working for us.” Strengths The City’s strengths include executive support for the strategic use of information technology to deliver services to the community, an IT organization that is capable and engaged (but under-staffed), and departments that are more than ready to take on the challenges related to the replacement of key business applications. The City’s technology infrastructure appears to be reasonably secure and reliable. The City is also fortunate in having the financial resources available for the replacement of key business Figure 4 – SWOT Analysis (Source: SDI) 10.C.a Packet Pg. 302 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 9 applications including the City’s Finance / HR, Land Management, Work Order and Asset Management, and Records Management systems. Weaknesses At a strategic level, the City of Gilroy does not have a formal process for the governance of information technology, while from a foundational standpoint, the City’s GIS system (which is critical to the successful implementation of new land management and asset management systems), has no sponsor or owner in the City and has languished. From an operational standpoint, the City’s planning for business resilience is incomplete, while ITD staffing is inadequate and conformance to IT best practices (which would enable ITD to quickly scale up staffing) is not as good as it could be. Due to limited staffing and budget, ITD has had to place an emphasis on “firefighting” rather than on progressively mitigating the root causes of user problems and implementing many of the information technology best practices that will help sustain the organization in years to come nor does the City have comprehensive approach to user training to ensure that it can obtain the highest possible return for its investment in new business applications. Opportunities Through the implementation of a formal approach to enterprise IT governance the City will be able to better allocate user and IT resources to ensure that critical business objectives and priorities are addressed and that the operational impact of replacing key business applications can be managed and minimized. Through the further adoption of IT best practices, ITD should be able to adopt a program for continuous improvement and that will enable it to meet increased user and public expectations. The City should also consider the migration of some IT services that are presently hosted on-premises to cloud environments with the objectives of simplifying business resilience strategies and allowing ITD to focus on the City’s highest priorities. Threats The single largest threat facing the City is that without the timely and successful replacement of many of the City’s key business applications it could face a scenario where the costs to maintain the current application environment increase while the City’s return for those costs continues to decrease. Although the users are committed to change, without enterprise IT governance the City’s legacy of siloed organizations, separate information systems, and separate repositories of information will limit its ability to fully realize the benefits that can be provided by new business applications. Taking on too many concurrent projects will greatly increase the risk of operational disruption of potential project failure. Finally, without a more thorough approach to cyber-security planning, monitoring, and education, the City’s information technology assets will be at risk. 10.C.a Packet Pg. 303 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 10 3.3 – IT Assessment Findings and Recommendations In the course of developing the IT Assessment, SDI identified a number of findings related to the City’s current information technology environment (including the organization and staffing of ITD, business applications, and infrastructure) and recommendations to remediate them. SDI’s IT Strategic Planning Methodology calls for the development of recommendations that conform to the “SMART” methodology (Specific, Measurable, Actionable, Realistic, and Time-based). SDI also places a priority on the identification of recommendations that will enable our clients to facilitate the implementation of the IT Strategic Plan. Table 1, Summary of Findings and Recommendations, provides a brief description of each finding and recommendation including a brief analysis of the relative priority (High, Medium, Low) of each recommendation considering the potential business impact, and the difficulty of implementing the recommendation. Table 1 – Summary of Findings and Recommendations Finding Recommendation (1) IT Governance (Oversight) a) The City does not have a formal process to ensure the continuing alignment of information technology resources with the City’s objectives. As a result, individual departments are pursuing information technology initiatives without full consideration of the possibilities for the enterprise use of applications and the City-wide sharing of data. b) The City does not have enterprise standards for the use of cloud- based services which could result in the City incurring higher annualized operational costs and duplication of services. The City should establish a formal IT advisory committee composed of department heads under the direction of the City Administrator for the purpose of ensuring the continuing alignment of business and IT priorities, vetting proposed initiatives, and assigning user ownership to business-related projects. The implementation of the IT Advisory Committee should include the development of a Charter for the Committee. Priority: Business Impact: High Difficulty: Low Priority: High 10.C.a Packet Pg. 304 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 11 Finding Recommendation (2) IT Administration (ITD Staffing) a) Prior to the recent recession, ITD was staffed with 6.5 – 7.5 FTE. Cut-backs in the City budget have reduced that number to 4 (one position is currently vacant). b) The ITD workload and amount of support required by City departments has increased over the same period of time. c) City departments are rapidly moving forward with the selection and implementation of new software applications that will require additional ITD support (ERP, LMS, etc.). The City should take the following steps to bring the level of support within ITD to an appropriate level: • Recruit and fill the vacant IT Application Analyst position which will provide project management support during the implementation of new business applications. • Create a new position of IT Business Analyst which will provide on-going application support to City departments, co-ordinate training, provide technology consulting, and assist in defining improved workflows. • Create a new position of Network Administrator to additional on-going technical support and backup to current IT Technicians. It was noted that the City has previously experienced problems in finding suitably qualified candidates in a highly competitive labor market and the City will likely need to develop and adopt a strategy for filling these positions which could include conducting a classification and compensation study for ITD, and leveraging contracted staff members and/or external services. The City should also consider organizationally reassigning ITD to the City Administrator’s Office. This reorganization would enable ITD to better support critical enterprise initiatives and eliminate any possible concern that Finance receives priority assignment of information technology resources. Priority: Business Impact: High Difficulty: High Priority: High 10.C.a Packet Pg. 305 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 12 Finding Recommendation (3) IT Governance (Project Management) a) The City and ITD do not have a formal process for defining and managing major technology projects including the acquisition and implementation of City-wide application software (ERP and LMS). b) Attempts at developing project charters have occurred in the past but appear to be incomplete, inconsistent, and not used to manage the delivery of the new technology; consequently, the success of previous technology projects is difficult to ascertain. c) The City cannot effectively apply “lessons learned” from previous projects to future endeavors without appropriate project artifacts. ITD should develop and implement a thorough process for the development of project charters that includes review of draft charters by ITD (possibly in a peer review format) and then by the sponsoring department. Project charters should also be used to document the scope, objectives, risk, and resource requirements of a proposed project for review by the City’s IT governance committee and should be as complete as possible to clearly identify desired business outcomes. Key project sponsors should become “application owners” thereby fostering a sense of ownership in City departments and become responsible for vendor support coordination, training, workflow, high-level system administration, and application usage. Priority: Business Impact: High Difficulty: Low Priority: High (4) Business Applications (GIS Roadmap) a) The City does not have a strategic roadmap for the City -wide use of GIS or for collaboration with regional partners (such as the County) who also have extensive GIS applications. b) The long-term requirements for asset management and data integration with GIS are not defined. c) The City has not defined enterprise ownership of GIS which has resulted in continual degradation of the data layers in GIS thereby reducing the usefulness of the application and adversely impacting the City’s ability to deliver services to the community. The City should: (a) Establish a GIS roadmap (a series of GIS recommendations) for the on-going use and eventual expansion of the ERSI GIS application so that all current and future users of GIS understand the long-term goals of GIS and the City’s strategy for its use of GIS; and (b) Dedicate resources to ensure that the information in GIS is accurate, current, and complete. Priority: Business Impact: High Difficulty: Medium Priority: High 10.C.a Packet Pg. 306 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 13 Finding Recommendation (5) Business Applications (ECM Strategy) a) The City does not have a content/document management strategy, and this limits the City’s ability to maximize the benefits received from the implementation of Laserfiche including workflow. b) The City’s file network storage structure is extremely unorganized which inhibits the sharing of documents and reduces staff productivity. c) The City must consider the integration of Laserfiche with the new ERP and LMS applications in order to avoid duplication of workflows and document repositories. d) The City does not have an enterprise plan for the storage of video content being generated by nearly all departments including Clerk, PD, Community Development, and Public Works potentially incurring increased costs for video storage and retrieval. The City should develop and implement an Electronic Content Management (ECM) strategy that identifies: ▪ The City’s objectives and priorities for content management ▪ The risk factors related to the successful implementation of the content management strategy and system and the steps the City will take to manage / mitigate these risks ▪ The content management stakeholders and their respective responsibilities as well as an inventory of the various document repositories in use ▪ Document retention and disposal standards ▪ The documents and workflows (including both data driven and document driven actions) that will be supported ▪ The City’s existing policies for record retention ▪ Definition, restructuring, and management of the City’s network file storage. Priority: Business Impact: High Difficulty: Medium Priority: High (6) Business Applications (Public Safety Roadmap) The Police Department operates a number of software applications that may, or may not, be supported by ITD. Many of these applications are operated in a stand-alone environment and are not consolidated with or share data with other Public Safety software. The City should develop a tactical plan for implementing, updating, supporting, and replacing specific Police Department technologies/software including, but not limited to applications such as: Automated License Plate Readers, e-Citation, Timekeeping/Scheduling, field reporting, crime analytics, digital evidence, etc. This project should include identifying the level of support required for the various PD- based technologies, on-going staffing, and other specific software application requirements. Priority: Business Impact: High Difficulty: Medium Priority: Medium 10.C.a Packet Pg. 307 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 14 Finding Recommendation (7) Information Protection (Business Resilience) a) The City has a robust and fully-functioning Emergency Operations Center; however, the City’s plans for information technology disaster recovery are incomplete and have not been tested. b) ITD has not worked with the user community to prepare a Business Impact Analysis that identifies critical information systems and the time in which they must be restored to minimize the impact on departmental operations and to the public. c) ITD should continue its on-going review of identifying and remediating single points of failure within the City’s information technology infrastructure (for example, the City’s single connection to the Internet). d) It was noted that while splitting the City’s IT infrastructure between the PD and the Annex will provide a degree of resilience, the proximity of these facilities is problematic. The City should develop a comprehensive plan for business resilience (i.e., business continuity and disaster recovery) that establishes the priorities for restoring technology services and ensures adequate processes, procedures, and resources are available to support an orderly recovery of the City’s applications within the defined timeframe and in priority as deemed by the City departments. ITD should work to identify all single-point-of-failure(s) and request budget to begin the remediation of these critical infrastructure components (Single Internet connection, core switch, reductant backups, etc.). Priority: Business Impact: High Difficulty: Medium Priority: High (8) Security / Information Protection (Cybersecurity Plan) The City does not have a formal cybersecurity plan nor has ITD performed network and general security vulnerability scans or penetration testing. The City should embark on a program to develop a formal, NIST-conformant, cybersecurity plan that addresses all phases of cybersecurity including planning and implementing preventative measures, monitoring network activity to detect intrusion attempts and suspicious network activity, the implementation of procedures to mitigate cyberthreats and to recover from them, as well as processes to review the cyberattack and continually adapt the City processes to better meet similar threats in the future. Priority: Business Impact: High Difficulty: Medium Priority: High 10.C.a Packet Pg. 308 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 15 Finding Recommendation (9) Business Applications (Application Portfolio) a) ITD maintains an SB-272 Enterprise System Catalog that provides information related to each of the City’s business applications including the name of the product, the vendor, purpose, data category, custodian (user), data collection frequency, and update frequency; however, ITD does not have a formal approach to business applications management including an application portfolio. b) It appears the City has acquired a significant number information technology products and services without full consideration for the potential of re-use by multiple departments or the sharing of information. ITD should adopt a formal approach to application portfolio management by developing an application portfolio. The key to successful portfolio management is not creating a database or list, but rather what ITD does with the list. The City needs to make admittedly difficult decisions regarding: ▪ The business applications that should be retired or replaced (with what new or existing business application) ▪ Business applications that provide similar functionality and that could be consolidated ▪ The plan for the remediation of other, dated business applications. Priority: Business Impact: High Difficulty: Low Priority: High (10) Business Applications (Application Training) The City does not have a formal program to ensure that users maintain sufficient competency levels in the use of business applications. This is critical since although training is generally provided in the course of application implementation, refresher training is generally not provided, so that even with a stable workforce, user competency will decline over time. Factors such as turnover and changes in assignments can also decrease staff competency. As users lose competency in the use of a business application they often resort to ad-hoc “work arounds” which can diminish the benefits that the City realizes for the investment made in these applications. ITD should work with the City’s departments to develop and implement a regularly - scheduled application training program conducted by users who are subject-matter and application experts or by professional trainers. This will be vitally important as the City embarks on the implementation of key business applications over the next 2-3 years (finance, land management, etc.). As part of this process the City should identify key performance indicators (KPIs) within each business unit to enable assessment of the effectiveness of the training provided. These KPIs can also be used to evaluate the effectiveness of business applications. Priority: Business Impact: Medium Difficulty: Medium Priority: Medium 10.C.a Packet Pg. 309 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 16 Finding Recommendation (11) IT Administration (IT Policies and Procedures) The City does not have a current, comprehensive set of user-oriented information technology policies and procedures including policies regarding the appropriate use and protection of the City’s IT assets and a social media policy to guide the growing use of Facebook, Twitter, etc. which can be problematic for the PIO to oversee consistent, well- published responses to the community. ITD should work with the City’s management team to develop, publish, and maintain key information technology policies and procedures and to ensure that City employees are aware of their responsibilities and generally conform to them. ITD should also perform a periodic review of policies to ensure that they are current and reflect ever-changing best practices. Priority: Business Impact: Medium Difficulty: Medium Priority: Medium (12) Service Delivery (Help Desk) ITD has a very energetic and successful approach to user support and presently uses Track-It! for the managing Help Desk tickets. It was noted that the City’s approach to service desk management is not as formal as it should be and if the City can add additional personnel resources to ITD, on-going support, and the sustainability level of that support, should increase. As resources become available, ITD should standardize and expand its Help Desk environment by: ▪ Creating a service catalog. ▪ Publishing statistics regarding ITD’s conformance to service levels. ▪ Capturing time worked against Help Desk tickets. ▪ Establishing a self-help knowledge base that is readily available to users. ▪ Providing the ability for users and ITD staff members to collaborate on the resolution of tickets. ▪ Developing a formal process for the review of Help Desk tickets and for the identification and remediation of root-causes. Priority: Business Impact: Medium Difficulty: Medium Priority: Medium 10.C.a Packet Pg. 310 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 17 Section 4 – IT Trends Innovation has always been at the core of information technology – successive developments in information technology, most recently in mobility, have dramatically altered the IT landscape as much as IT has changed the way in which organizations conduct their business as well as modifying user and public expectations. The trends in information technology compel organizations to reassess and reallocate their investments in information technology as well as the resources they use to deliver information technology services. Like rafters who have a general idea of where they are going but often encounter obstacles, some of them known and some of them unexpected, organizations seeking to better manage their total cost of ownership for information technology as well as realize greater returns for these expenditures need to be prepared to manage the impact of internal user needs, public expectations, and trends in information technology. This section of the IT Strategic Plan provides an overview of trends in information technology that are impacting how local governments budget and allocate funds and manage their information technology assets in an environment where complexity of delivering information technology services continues to increase and users expect information technology organizations to manage this complexity for them. The ways in which organizations use information technology, have evolved considerably with the emergence of web-based (“cloud”) services, the consumerization of information technology, and mobility. The continued introduction and rapid evolution of information technology products and services will impact public sector organizations in a number of ways including: Smart” Cities: The need to respond to increased public expectations for access to information and services is forcing a shift in the allocation of information technology resources from internal uses to public-facing uses including the creation of new products and services as well as the integration of new and existing information technology services and their delivery to the public as part of the implementation of “Smart City” capabilities Mobility: The growing adoption of mobile computing as the solution of choice for remote access to internal applications and repositories of information and the desire of users to have the same “desktop environment” on a remote device as they have in the office will drive the creation of new policies, support models, and security models Resources: In the face of a highly diverse and evolving market of new information technology products and services and the demand for their use, organizations will be increasingly challenged to allocate limited IT resources 10.C.a Packet Pg. 311 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 18 While predicting the future of information technology can be problematic, SDI has identified enterprise information technology trends that are mature and that are changing how local governments invest in IT. These are depicted in Figure 5, High-Value Information Technology Trends. Figure 5 – Information Technology Trends (Source: SDI) Public-sector organizations seeking to utilize developments in information technology to transform the delivery of services to the communities they serve should: Find a balance between investing their limited resources in better leveraging existing information technology assets (less risk, greater short-term operational impact) versus investing in innovative technologies that have the potential to radically transform how services and information are delivered to the public (often with greater risk and cost, but also with greater long-term operational impact and reductions in other costs). Carefully evaluate the potential use of new technologies that promise to provide significant benefits but which have yet to fully emerge. While organizations are often tempted to join the early adopters of new information technology services and products, they should be wary of the “Hype Cycle” and innovations that may appear to be promising at first but whose long-term costs, benefits, and longevity may be problematic. Ensure that they have the appropriate resources (financial, IT staff, user staff, and infrastructure) in place to initially implement, evaluate, expand the implementation, and then support the product / service. In the following sections, SDI has provided summaries for high-value, strategic IT trends that are relatively new and not widely adopted (and thus less mature) and IT trends that are more established and seeing wider adoption in local government. 10.C.a Packet Pg. 312 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 19 4.1 – Emerging IT Trends “Smart City” Technologies The implementation of “Smart City” technologies is unusual in that this trend is not a single technology, per- se, but rather represents an integrated approach to the utilization of emerging information technologies and technology trends that enable local governments to more effectively identify trends (such as incidents, traffic, power demand, parking space availability, etc.), to re-allocate or reprogram government resources in response to these trends, and to support programs such as Smart Buildings, autonomous vehicles, Smart Payment, and Smart Street Lights. Although SDI sees “Smart Cities” as an emerging, rather than main stream, trend, it is maturing rapidly as a result of the need for communities to maximize the use of assets and facilities as well as public expectations. Smart City capabilities can also benefit members of the community and visitors by enabling them to obtain information through smartphone apps regarding employment services, public safety, healthcare, social services, transit and driving route information, parking and transit service options, etc., as well as to report incidents and concerns. The Internet of Things (IoT) provides the foundation for many Smart City initiatives. For some time devices have stored data so that it could be manually downloaded and accessed on demand. Combining this capability with the ability to access the internet (and thus the ability to both autonomously receive and transmit information) has brought us to the IoT. McKinsey has suggested six distinct types of applications to consume this information; tracking behavior, enhanced situational analysis, sensor- driven decisions analytics, process optimization, optimized resource consumption, and complex autonomous systems (such as collision avoidance). Although some local governments look at Smart City in very tactical terms (involving highly-specialized and isolated IoT applications such as “Smart Intersections” and “Smart Corridors,” the effective implementation and continued use of Smart technologies includes: The development and implementation of open and collaborative processes to develop the visions for the implementation of Smart technologies as well as for the continuing governance of the Smart City initiative. Governance should include the ability to prioritize initiatives, program funds, and take advantage of opportunities made possible by private / public partnerships, and to assess the reproducibility of interoperable solutions. The governance process will also need to provide leadership for the management of the changes in governmental operations brought about by smart technologies. The implementation of secure, resilient, and ubiquitous wireless services that enable access to smart services from any device, anywhere, and anytime and that can scale to meet expected “Smart Cities are, by design, municipalities that address these challenges via a process of digital transformation (DX); in fact, the mission of Smart Cities can be described as outcomes-based digital transformation.” This means using new methods of innovation and creativity, and new sources of information, to enhance experiences, increase sustainability and resilience, and improve financial and operational performance. IT that uses a combination of cloud, mobility, and data analytics has the power to provide new solutions to long- standing urban challenges and enable new experiences for residents and communities, visitors and tourists, and local businesses.” – Accelerating the Digital Transformation of Smart Cities and Smart Communities, IDC (Sponsored by Microsoft) 10.C.a Packet Pg. 313 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 20 surges in demand (such as events) as well as unexpected surges in demand. Planning for the resilience, security, and performance of the wireless services is critical as is the development of processes and agreements to support 24 x 7 operations. IBM has noted that “A resiliency plan should concentrate on both the business and IT processes that are most vital to the enterprise. Creating and sustaining processes that support resilient business operations and infrastructures requires identification of the minimum required process functionality during disruptive events, alternate processes and procedures that will allow operations to continue during times of stress, and redefinition of processes to achieve better workload balance.”1 The development of a comprehensive plan for the implementation and continuing support of the Smart City services that leverages public / private partnerships as well as regional partnerships (including regional transportation) including plans for regional collaboration and information exchange). The development and implementation of a plan and the processes that are required to support continuing communication and collaboration with members of the community (digital government), to identify community needs and priorities, and preferred delivery channels so that “Smart” features can be readily accessed by the public. The development and implementation of a plan to leverage the information produced by smart devices, including the use of business intelligence, business analytics, and artificial intelligence. A critical success factor for the effective use of these tools is surmounting separate silos of information through the development of an enterprise data architecture that provides a framework for the storage and aggregation of the information produced by “Smart” devices. One of the inhibitors to the fuller use Smart City technologies is that they are typically implemented as siloed, departmental applications rather than as an enterprise program, since local governments often wish to gain experience in a limited area first, external funding is often targeted to specific initiatives, and the time to implementation, immediate cost, and risk are less with siloed applications. Business Intelligence and Business Analytics There has been considerable progress in the development of tools that enable organizations to consume a growing body of information for either tactical / reactive purposes (business intelligence) or for strategic / proactive purposes (business analytics). The collection, aggregation, and analysis of information from disparate business units and sources across an enterprise are often referred to as “Big Data,” by the information technology industry. Big Data provides the foundation for business intelligence and business analytics. Recent trends in this area have included making these tools more “user friendly” and available. 1 “The Evolution of Business Resiliency Management,” IBM Global Technology Services, Thought Leadership White Paper, June, 2011 “One increasingly common way to get BI into the hands of … decision makers more quickly and painlessly is by leveraging an existing implementation of another enterprise application such as Enterprise Resource Planning (ERP) or Customer Relationship Management (CRM).” – Analytical Execution for Today’s Mid- Sized Enterprise, Aberdeen Group 10.C.a Packet Pg. 314 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 21 The development and maintenance of the “enterprise data architecture” required to support the use of BI/BA tools is one of the “hidden costs” of implementing Smart City technologies. This includes: - Processes and staff to support the architecture (including processes for its governance, support, and evolution) since both the data being collected and the organization’s use of the data will change over time. - Standards and policies to ensure that business applications will be able to exchange information with other business applications and support the integration and compilation of information. As noted by the Aberdeen Group (please see text box above), mid-sized organizations are often able to leverage the data stores within enterprise applications (such as ERP) and dashboard technology within the application to achieve an effective, but limited, implementation of BI. Nonetheless, organizations without an enterprise data architecture, supporting standards, and staff to support it, often attempt to support the information needs of decision-makers through a cumbersome combination of ad-hoc applications, databases, and spreadsheets. These tools often use data inconsistently, are seldom well documented or able to quickly meet new requirements, and eventually become a drain on organizational resources. This can quickly become a worst-case scenario as the total cost of ownership for these ad-hoc processes quickly mounts while the return on the organization’s investment decreases. Artificial Intelligence One of the primary challenges being faced in the implementation of Smart Cities is the ability to process the masses of data produced by “smart devices” including traffic lights, roadways, parking structures, mass transit, power consumption, etc., as well as other data such as information from public safety dispatch systems, video, and data from cell-towers mapping the movement of persons, and using it to perform real-time tasks such as altering traffic flows around an incident or to respond to unusual conditions such as might result from weather, a special event, or a natural disaster. AI can be used to analyze this mass of disparate data to optimize the delivery of City services such as traffic management in real-time. Early trials of using AI have demonstrated the potential to reduce crime, pollution, and traffic congestion. The AI environment is developing very rapidly, and for this reason as well as due to the cost and complexity of AI, many enterprises implement AI as a cloud-based service. “AI (artificial intelligence) is the simulation of human intelligence processes by machines, especially computer systems. These processes include learning (the acquisition of information and rules for using the information), reasoning (using the rules to reach approximate or definite conclusions) and self-correction. Particular applications of AI include expert systems, speech recognition and machine vision.” - TechTarget 10.C.a Packet Pg. 315 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 22 4.2 – Established IT Trends Cybersecurity While the need to secure information systems is not new, the increased focus and importance of cybersecurity is a direct result of the increased utilization of the web for the delivery of information and services and the related rise of the use of mobile and personal devices. In 2016, the President’s Homeland Security and Counterterrorism Advisor warned that “we are in the middle of a revolution in the cyberthreat – one that is growing more persistent, more diverse, more frequent, and more dangerous every day.”2 In this environment, organizations can be crippled not just by attacks which result in the disclosure, modification, and destruction of information but also by attacks which takeover critical infrastructure components and potentially disable them or hold them hostage through the installation of “ransom ware,” or impede the ability of legitimate users to access information and services (“denial of service” attacks). The nature of cybersecurity threats is continually evolving due to the growing sophistication of hackers, the resources available to them, and an increase in the range of motivations from mischief and activism to profit. As a result, the community of hackers has expanded to include criminal enterprises that profit through extortion as well as through the theft of digital assets (such as social security numbers, account numbers, etc.). As a result, organizations must adopt and implement systematic approaches to protect their information assets from cyber threats including the abilities to: (a) detect and defeat cyber threats; (b) limit the impact of intrusions; (c) recover from them; and (d) learn from them and adapt processes to better prevent and/or manage similar attacks in the future. The development and implementation of a cybersecurity plan that is conformant with the requirements of NIST (National Institute of Standards and Technology) Special Publication 800-53 is a starting point for the implementation of controls to heighten the security of information systems (please see Figure 6, Components of NIST’s Cybersecurity Planning Framework). 2 “Citing a ‘revolution,’ Obama issues response plan,” The San Francisco Chronicle, July 27, 2016 “The shift toward mobility and cloud services is placing a greater security burden on endpoints and mobile devices that in some cases may never even touch the corporate network. The fact is that mobile devices introduce security risk when they are used to access company resources; they easily connect with third - party cloud services and computers with security postures that are potentially unknown and outside of the enterprise’s control. In addition, mobile malware is growing rapidly, which further increases risk. Given the lack of even basic visibility, most IT security teams don’t have the capability to identify potential threats from these devices.” – Cisco Annual Security Report 10.C.a Packet Pg. 316 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 23 Figure 6 – Components of NIST’s Cybersecurity Planning Framework (Source: NIST) A “ransomware” attack on the City of Atlanta in March of this year had an enormous impact on the ability of the City to deliver services to the community and demonstrates the difficulty, even when backups and business continuity procedures are in place. Reportedly, the costs to the City of Atlanta to recover from the attack are approximately $3 million. Mobility and the Consumerization of IT The consumerization of information technology refers to the use of personal devices, most often mobile, to obtain access to organizational services and information (also sometimes referred to as BYOD – bring your own device). As a result, consumerization and mobility are closely linked. Collectively, they represent a significant opportunity for government to become more custom-centric and to improve the effectiveness and timeliness of service to the public; however, they are also vexing for enterprise IT planners since: The proliferation of devices is a challenge for support organizations as users attempt to obtain connectivity to secured wireless networks and utilize applications. It is estimated that the introduction of mobility in an organization can increase Help Desk Workload by as much as 10%.3 User access to enterprise information and services from mobile / wireless devices potentially exposes both the enterprise assets and the mobile device to cyber-attacks. Public-facing solutions need to be both open and adaptive to optimize user experience from a universe of devices, (each with different screens, browsers, and operating systems) that is continually evolving. “Follow me” mobility fundamentally changes the paradigm of the standard desktop computing model where the computer, the operating system, the applications, plus the user’s data and preferences are integrated into a single platform (either a desktop PC that remains in the same location or a laptop or notepad that moves with the user and then connects to the host network). Whereas desktop computing is device and location centric, mobility is user centric. 3 The Impact of Mobility on the IT Service Desk, Gartner, 2013 “Customer-centric government means that agencies respond to customers’ needs and make it easy to find and share information and accomplish important tasks... The mantra of “anytime, anywhere, any device,” is increasingly setting the standard for how information and services are both delivered and received in a two-way exchange of information and ideas.” – Digital Government: Building a 21st Century Platform to Better Serve the American People, US Office of Management and Budget 10.C.a Packet Pg. 317 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 24 Despite these challenges, mobility is a “game changer” in the public sector, enabling users to move as needed and to enter or update information on a real time basis thus eliminating the need to capture information on paper or offline and then enter or upload the information in the office. In addition, mobility enables access to information where and when it is most needed (i.e., in responding to incidents and emergencies). Support for mobile devices continues to be a vexing issue for many organizations. Some adopt a “bring your own device” policy as being preferential to attempting to limit the devices that users employ; often with the caveat that IT support for other than officially supported devices will be provided only as available and with no guarantees as to response time. The practicality of these policies tends to be limited since the priority of a service request tends to be driven more by the nature of the incident or request and the person reporting it than by the device involved. Organizational Agility Agility is both a trend and an outcome of the significant changes that have taken place in how local governments (and other organizations) respond to both new information technologies and how those information technologies are used by the public. The ability to agilely respond to both changes in IT and changes in user and public expectations rests largely on the ability of an organization to identify and prioritize requirements and to allocate and/or reallocate both IT and user resources accordingly. Effective planning and IT governance are key components that enable organizational agility. Agility enables organizations to stand-up solutions to support new business requirements by: Re-using existing information technology assets (data, applications, infrastructure, and personnel). Developing or acquiring new assets. Some combination of the above. Planning documents often speak to the need to align technology plans and directions with business or operational needs and priorities – generally this implies a two-step process in which operational plans are developed and then technology plans are crafted to support them. SDI believes that this process is not as effective as it could be since the transformative impact of technology should be considered in the course of developing business plans, not afterwards. Industry best practices and research confirm that organizations that integrate business and technology planning in a common framework achieve better results than those that do not. IT Governance is used as the catalyst to ensure the alignment between an organization’s business goals and priorities and how it allocates its information technology resources and assets. In the absence of a process for the effective alignment of business and information technology direction scarce resources Organizations must be agile in order to respond to new business requirements and public expectations for access to information technology services. Agility does not just happen – it is the product of insightful investments by organizations in information technology planning and resources. – SDI Presence 10.C.a Packet Pg. 318 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 25 can be diverted from critical operational needs to projects that may be interesting but fail to deliver real benefits to the organization. Virtualization / Hyperconvergence The virtualization of IT infrastructure is not a new trend in information technology. The virtualization of servers (the division of a physical device into multiple virtual devices) has been a staple for information technology organizations for some time, and the City of Gilroy has already achieved a high degree of server virtualization. Virtualization; however, is continuing to evolve, specifically with regard to the deployment of hyperconverged infrastructures, which enable organizations to achieve additional efficiencies through the integration of multiple types of storage devices (including traditional disk storage, solid-state storage) into a single virtual appliance that can provide a greater number of I/O operations per second (IOPS) to support varied workloads that include transaction processing as well as sequential data access for reporting, business intelligence, etc. Other benefits of hyperconvergence include simplified management of the IT infrastructure, the ability to streamline data backup and recovery, and the ability to more effectively deploy business continuity / disaster recovery solutions. A related trend is the development of “application containers,” – an application container consists of an entire runtime environment that includes the business application, plus all of the system software and configuration files needed to run it. The primary advantage of application containers is that they are relatively independent of physical devices (such as servers) and the differences between them (such as the version of the operating system in use, etc.). Organizational Change Management Organizational Change Management (OCM) evolved as a discipline as a result of the need for organizations to: Manage the potential disruption to business operations as a result of the effort related to the introduction of new enterprise-wide business applications and/or modifications to existing business applications especially since these often impact existing business processes and organizational structure. Ensure that resistance to change does not limit the ability of organizations to realize the intended benefits of business applications or prolong implementation projects to the point that project success is placed in jeopardy. Continually respond to change including aligning user and information technology resources, organizational structure, and business processes to respond to new requirements. More fully realize the benefits for their significant investments in enterprise business applications. OCM provides a methodological framework for managing the organizational impact of the implementation of new automation including the changes in business processes, changes in “The old rules of work design are based on assumptions about technology, people, and organizations that are no longer valid… This has resulted in fragmented processes that lack the integration required to maintain quality and service. Instead they promote tunnel vision oriented towards narrow goals of individual functions or departments, rather than the goals of the process as a whole.” - James R. Martin, Ph.D., CMA Professor Emeritus, University of South Florida 10.C.a Packet Pg. 319 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 26 organizational structure, and changes in culture (including changes in focus and changes in how performance is measured) that are brought about by new automation by focusing on improving communication, setting expectations, and working to minimize the impact of misinformation. In 1995, John Kotter introduced an eight-step process, “Leading Change,” for fostering the successful implementation of changes in organizational structure, business processes, and culture.4 Kotter’s framework for change management included: Creating a shared sense of urgency regarding the need to change. Forming a guiding coalition across the organization to support change. Creating a vision for change. Communicating the vision to the organization. Preparing to overcome obstacles. Planning for, and delivering, short-term wins to sustain momentum. Remaining committed to the long-term process required to transform the organization. “Anchoring” the changes in the culture of the organization. OCM is also dependent on performance management (please see below) since the latter provides an objective and factual assessment as to whether the organization is obtaining the desired outcomes from changes to information systems, business processes, structure, culture, and resource assignment, and the effectiveness of any subsequent steps that may be needed to overcome obstacles. Strategic Sourcing and Cloud Services Strategic sourcing is based on the concept of obtaining and using the most effective service provider to respond to user needs and enabling permanent IT staff members to focus on high-priority, high-value tasks and technologies while allocating functions such as the support of business applications (including support for the products and the system infrastructure supporting them as well as non-mission critical “utility” functions to lower-cost service providers. For many organizations in both the public and private sector who have aging IT facilities and infrastructures, the use of “cloud” based services including Infrastructure as a Service (IaaS), Desktop as a Service (DaaS), and Software as a Service (SaaS) offer an alternative to initial capital expenditures, the recruitment of additional staff members, or the procurement of traditional staff-supplementation services (contractors). An additional benefit for many organizations is that using SaaS simplifies their disaster recovery and business continuity planning since they can quickly resume operations from a facility that has connection to the internet. Firms supporting commercial-off-the-shelf business applications are also moving towards cloud-based models since they provide the opportunity to lower product development and support costs and to streamline the development and delivery of new releases and functionality by reducing the number of 4 Leading Change, John Kotter, Harvard University Press, 1995, http://www.kotterinternational.com 10.C.a Packet Pg. 320 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 27 variations between client installations. Increasingly, a number of commercial-off-the-shelf business applications are now being offered only as cloud-based application services. Common strategies for cloud-based services include: Public Cloud – Public Cloud services are generally shared (thus “public”) with other user organization and all users of the service sharing a common infrastructure and/or code base but with their data kept separately (but often located in the same database). The advantages of a public cloud service include reduced cost (as a result of the cost for the service being spread over a larger number of users), but organizations find that they have less flexibility (the code base generally changes for all users at the same time) and less control over the security of their information. Serverless Computing is a trend within the public cloud where users pay a single, bundled, fee for access to a service rather than separate fees for the resources (servers, storage, etc.) used for the service. The total cost of ownership for a serverless computing service increases or decreases based on demand. Private Cloud – is similar to a public cloud, but in a COTS / SaaS environment the private cloud is based on a separate code base and database for each organization (although multiple organizations may share physical resources in a virtualized computing environment). Since the code base is not shared with other user organizations, users have more control over the timing of updates and the installation of new versions and more control over the security of their data, but at a higher cost than for Public Cloud services. Organizations can also host legacy, proprietary solutions in a private cloud. Hybrid Cloud – a combination of private and public cloud services, potentially from different service providers including both services that are hosted on-premises as well as cloud-based services. This permits organizations to use more expensive private cloud services for mission- critical applications and confidential information while leveraging the public cloud for less critical and/or confidential applications and information. The deployment of hybrid cloud architectures is becoming a significant trend. An industry source noted that, ““The ability of hybrid cloud to function as an extension of an existing IT environment and processes allows IT to quickly deliver the agility benefits of cloud computing to the business. IT can use the same management tools and governance policies they have already adopted in their data centers and maintain security and visibility.”5 Finally, hybrid cloud solutions also appeal to organizations that need to have their business applications continuously available, since in a “multi-cloud” environment (that could potentially include both locally hosted and remotely hosted services) access can fail over to the backup service. As noted above, commercial-off-the-shelf application providers are increasingly turning to SaaS as their preferred method of delivery. Compared to the traditional model where there software was installed in multiple client sites, often with some variation in both the installation of the software and the supporting systems environment and with differing levels of technical currency, SaaS greatly simplifies the process of providing user support and helps limit the variety of releases and versions that the application provider must support. SaaS can be delivered either as private cloud or public cloud offering (with private cloud offering more flexibility and security and public cloud offering the opportunity to 5 Mathew Lodge, vice president, Cloud Services Product Management and Marketing, VMware, cited in White Paper: Cloud Adoption - Hybrid Is the Future, VMware, 2016 10.C.a Packet Pg. 321 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 28 lower license / subscription and support costs through the economies of scale). For user IT organizations, SaaS dramatically reduces application management and support costs, particularly with regard to backup and disaster recovery. Key benefits of sourcing include: The ability to obtain services under the terms of a service level agreement. The ability to obtain service coverage for extended hours of operation including 24x7 operations. The ability to defer, or avoid, capital costs for the acquisition of information technology infrastructure (such as servers and storage devices). The ability to more readily scale the IT environment to meet demand. Reduced dependence on local staff resources, including training and planning for staff succession. Nonetheless, organizations seeking to use external services (cloud-based or not) need to carefully consider: The ability of the cloud-service provider to comply (and to certify continuous compliance) with applicable information-protection standards such as CJIS and HIPAA. The costs related to implementation including training, data extract and purification, and testing (in a public cloud environment, these costs can be higher since you may have less choice about when to go live with an update). The continuing costs for utilization as well as for the management of multiple service providers. The provisions for the availability and security of information that is stored off-site (particularly if the service is hosted off shore). Potential issues with data ownership and security. The costs and effort related to potentially exiting the sourcing arrangement in the future. Network connection capacity bandwidth and redundancy should be evaluated to ensure the hosted services are available when needed and meet performance expectations. Organizational Performance Management The adage that “You can’t manage [or improve] what you can’t measure,” directly applies to the need for IT service organizations to use metrics to support continual improvements in the delivery of services to the user community. Continual improvement through increased effectiveness can result in improving user satisfaction with existing resources or using fewer resources to sustain current service levels. Metrics also help to identify trends in user demand for IT services, the effectiveness of the processes adopted by the IT organization to respond to trends in user demand, and provide a window on the performance, culture and productivity of the IT organization. 10.C.a Packet Pg. 322 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 29 Almost all organizations collect metrics regarding their performance and link performance to strategic goals. Proactive organizations; however, actively link performance information to a continuous process for performance improvement in order to increase their return on the investments in information technology. They often use an approach similar to Albrecht’s “EPIC” cycle to ensure the continuing relevance and refreshment of the performance metrics that includes: Evaluation of the metrics using a “rigorous, evidence-based process.” Planning. Implementation. Continuity (evaluating the success of the steps taken).6 In conjunction with SLAs (that provide the “yardstick” against which the performance of a service organization is measured), service metrics demonstrate: The past performance of the IT organization Performance trends Whether the IT organization has reached or exceeded service targets The analysis of service metrics can be used to: Drive the mission of the IT organization Focus the IT organization and its staff on performance and drive performance improvements Evaluate service delivery approaches Transform the structure of the IT organization and its services Produce good internal and external public relations Finally, no discussion about metrics would be complete without some consideration of their limitations as well. Much like crime statistics, service level metrics rest on reported incidents and the manner (and timeframe) in which the incidents are resolved. Minor (or even more serious) incidents that go unreported can have a significant impact on user satisfaction with information technology and the services provided to support it as can incidents that the IT organization considers to be resolved but that the users do not. Continual outreach to the user community is needed to make sure that the IT support organization is getting the entire “picture,” as is continuing attention by IT management to ensure that meeting goals does not take precedence over the intended goal of ensuring the effective delivery of IT services. 6 Organizational Performance: Meeting the Challenges of the New Business Environment, Karl Albrecht International, 2011 “Performance management is a process for setting goals and regularly checking progress toward achieving those goals. It includes activities that ensure organizational goals are consistently met in an effective and efficient manner. The overall goal of performance management is to ensure that an organization and its subsystems (processes, departments, teams, etc.), are optimally working together to achieve the results desired by the organization.” - U. S. Department of Health and Human Services, Health Resources and Services Administration. 10.C.a Packet Pg. 323 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 30 Enterprise Content (and Document) Management (ECM) The management of enterprise content (including documents, audio, video, and images) is not a new trend; however, with the accumulation of increasing amounts of content (particularly video) organizations are adopting enhanced ECM strategies and capabilities to: Better organize and catalog documents and digital content so that they are more readily available across the organization and to ensure that users have access to the most current versions (organizations that have multiple repositories for the storage and management of documents and content find that these are often implemented and used inconsistently and that they increase the organizations total cost of ownership). Improve the ability to collaborate with internal and external users (including the ability to annotate). Control access to documents (and to portions) of documents including permissions to add, read, copy, modify, and delete them. Conform to records management requirements. Search documents and content in conformance with public records requests. Support users working from remote locations, particularly workers in the field using wireless access. More recently, organizations have also realized that the absence of a document and content management framework limits the usefulness of field mobility since this depends on the ready availability of content. Consuming bandwidth and time to search for documents is frustrating for end- users and increases organizational costs for mobility. Gartner Research has noted that: The term "enterprise content management" (ECM) describes both a strategic framework and a technical architecture that supports all types of content (and format) throughout the content life cycle. As a strategic framework, ECM can help enterprises take control of their content. It can contribute to initiatives around transactional processes, compliance and records management as well as sharing and collaborating around content and documents. As a technical architecture, ECM can be delivered either as a suite of products integrated at the content or interface level or as a number of separate products that share a common architecture.7 Industry statistics regarding the costs related to the manual management of content (including the unstructured storage of documents and content in directories on network drives) are very compelling and have been validated by successive independent studies. A guide published by Laserfiche (an ECM software provider) notes that “A recent PriceWaterhouseCoopers study reports that the average worker spends 40% of their time managing non-essential documents, while the International Data Corporation 7 Gartner Research, Magic Quadrant for Enterprise Content Management, 2015 10.C.a Packet Pg. 324 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 31 (IDC) estimates that employees spend 20% of their day looking for information in hardcopy documents and only finding what they need 50% of the time.”8 Finally, an organization’s ability to achieve a near-paperless environment is greatly dependent on the implementation of EDCM capabilities that are robust and user-friendly. 8 Document Management: The Buyer’s Handbook, Laserfiche, http://www.laserfiche.com, 2015 10.C.a Packet Pg. 325 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 32 Section 5 – Development of the IT Strategic Plan 5.1 – Introduction Strategic planning enables organizations to find a balance between immediate and long-term needs. It follows that the process for the development of a strategic plan needs to take the same considerations into account. Change is a constant concern for public sector executives who must often respond to increased public expectations and new mandates with limited resources and information technology environments that are not agile. Without an Information Technology Strategic Plan to serve as a baseline to manage and respond to change, organizations tend to become reactive rather than proactive and, as a result, obtain reduced benefits for their investments in information technology. Figure 7, IT Strategic Plan Development, depicts the process used to develop the IT Strategic Plan: Strategic city-wide and departmental projects were identified based on the City’s vision and public expectations, operational needs and priorities identified by the City’s user stakeholders, IT needs and priorities, and the recommendations from the IT Assessment Report that SDI identified for the City. The resulting project list was then reviewed with the City’s management team and refined considering the relative urgency to implement the projects and both the user and IT resources that would be required to implement the projects. The refined project list then served as the foundation for the Planning and Prioritization (“Blue Wall”) Workshop. The “Blue Wall” from the planning and prioritization workshop was then refined by SDI and reviewed with City management to provide the basis for the development of the IT Strategic Plan. “It’s not the man, it’s the plan. It’s not the rap, it’s the map.” – Ossie Davis, actor, director, poet, playwright, author, and civil rights activist Figure 7 – IT Strategic Plan Development (Source: SDI) 10.C.a Packet Pg. 326 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 33 5.2 – Project List The project list was developed based on information developed in the course of the interviews with the City’s key stakeholders, information provided by ITD’s manager and staff, and on the findings and recommendations provided in the IT Assessment Report. The project list was distributed to all of the stakeholders invited to participate in the Planning and Prioritization Workshop and they provided updates and corrections. Additional projects were also identified in the course of the Planning and Prioritization Workshop and the revised project list is provided as Appendix A, Project List. The project list provides information for each of the projects including: The project’s title. The sponsor(s) of the project, which can be either city-wide or a specific department. IT has been designated as the sponsor for projects that are related to the City’s IT infrastructure, cybersecurity, and the development of policies and procedures. Please note that the completion of the IT projects (particularly as they relate to the refreshment of components of the City’s hardware and network) will provide the foundation for the completion of the user- sponsored projects. In particular, the City’s ability to take advantage of current business applications which are cloud-based and delivered as “software-as-a-service” is dependent on having a reliable, high-speed, connection to the Internet. A brief description of the scope and objectives of the project. 5.3 – Planning and Prioritization Workshop The Planning and Prioritization Workshop was held on May 1, 2018. The workshop was conducted in an open and collaborative manner with members of the City’s management team including the City Administrator, department heads, and key stakeholders. Placards were printed out for each of the proposed projects in the Project List and pre-staged on the “Blue Wall” (a sheet of adhesive blue fabric that was divided into fiscal years including: In Progress (the remaining months of FY 2017/18), FY 2018/19, FY 2019/20, FY 2020/21, FY 2021/22, and FY 2022/23). Each fiscal year was divided in half (2 quarters) with the minimum duration of any project considered to be six months for planning purposes. Arrows are used to denote project durations beyond six months. SDI provided a briefing to familiarize the participants with the findings of the IT Assessment, the Project List, the objectives and the methodology for the workshop and the ground rules. The participants then reviewed the proposed strategic projects, changed and added projects as needed (including adding projects to improve the speed and reliability of the City’s connection to the Internet, to establish a data warehouse for CCTV inspection video, and to implement a registration system for the Senior Center), went through a voting exercise to identify the highest priority projects for the City, and revised the preliminary timeline. Figure 8, Blue Wall Following Workshop, depicts the results of the planning workshop. Please note that the handwritten placards represent projects that were added by the participants and the green dots are the result of the voting process in which each of the participants was given four green dots to vote for the projects that they felt were the most important either to the City as a whole or to their department. Please note that some of the projects have been grouped together. For example, Contract Management has been grouped with the Finance System Replacement Project since it is anticipated that most “commercial, off-the-shelf” (COTS) financial software suites have contract management modules. Similarly, given the dependence of most land management systems on a robust 10.C.a Packet Pg. 327 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 34 and accurate geospatial database (GIS), while the City can be working on developing the requirements for a new land management system, its implementation will likely depend on the City completing a substantial review and update of its GIS data. Finally, please note that a large proportion of the projects have been scheduled for FY 2018/19 and FY 2019/20, and collectively they will likely require more resources than the City has or can obtain; however, given the age of the City’s IT infrastructure and the critical need to replace obsolete and/or ineffective business applications the City Administrator decided to keep the plan front-loaded for the time being and then revisit project timings following consultation with the City Council. 10.C.a Packet Pg. 328 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 35 Figure 8 – Blue Wall Following Workshop (Source: SDI) 10.C.a Packet Pg. 329 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 36 Figure 9 – Visio Blue Wall Following Workshop (Source: SDI) 10.C.a Packet Pg. 330 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 37 5.4 – Project Schedule Refinement and Project Costs Following the workshop SDI reviewed and refined the project timeline. This effort included the development of an electronic version of the Blue Wall in Visio. An image of the Visio Blue Wall is provided in Figure 9 – Visio Blue Wall Following Workshop. The Visio diagram largely corresponds to the Blue Wall from the workshop with only minor changes to reflect project dependencies and some adjustments to timing (i.e., some projects in later years were moved up where it appeared that they could be implemented earlier). The dashed arrows in Figure 9 denote projects that are in progress but not on a full-time basis. The Visio diagram will be provided to the City with the final report so that it can be used as a working document to assist with ongoing IT governance. SDI also prepared a project schedule based on the revised version of the Blue Wall provided in Figure 9. The project schedule is provided in Figure 10, Project Schedule, Part 1 (which deals primarily with user- sponsored projects), and Part 2 (which deals with the remaining user-sponsored projects and ITD- sponsored projects). For each project, the schedule provides: The name of the project (please note that is some instances a group of related projects have been grouped under a “master project” with the name of the master project in bold and the related projects indented beneath it). The project sponsor(s). The status of the project (either in progress or planned). The estimated duration of the project in quarters. The total number of concurrent projects scheduled by quarter. Finally, Figure 11, Estimated Project Cost, Risk, Effort, and Business Impact, Part 1 and Part 2, provides additional information for each project including: The estimated low and high range cost estimates in $000’s. Please note that some projects have already been budgeted and these are shown as “n/a” and that the cost for some projects is included in a larger, group project, and these are shown as “inc.” The estimated level of risk associated with the project (High, Medium, Low). The estimated level of effort required to successfully complete the project (High, Medium, Low). The estimated impact that the project would have on City business operations following completion (High, Medium, Low). The estimated cost per fiscal year for each project and in total based on the average of the estimated low and high range costs (mid-range cost). Please note that the total cost for a project is considered to be incurred when the project begins. and that project costs that are not known at this time are shown as “TBD”. Some projects have a range of cost beginning with $0 indicating that the project could be completed by City staff. 10.C.a Packet Pg. 331 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 38 Figure 10 – Project Schedule, Part 1 (Source: SDI) Note: Projects that do not require the assignment of full-time staff are shown as lighter boxes in the timeline. 10.C.a Packet Pg. 332 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 39 Figure 10 – Project Schedule, Part 2 (Source: SDI) 10.C.a Packet Pg. 333 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 40 Figure 11 – Estimated Project Cost, Risk, Effort, and Business Impact, Part 1 10.C.a Packet Pg. 334 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 41 Figure 11 – Estimated Project Cost, Risk, Effort, and Business Impact, Part 2 Notes: 1 – Cost for Opticom is based on 9 vehicles @ $3K and 25 intersections @ $5.3K. 2 – Cost for iPads is based on 9 devices @ $1.2K. 3 – Infrastructure cost is estimated and could vary based on the potential use of cloud services. 10.C.a Packet Pg. 335 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 42 10.C.a Packet Pg. 336 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 43 Section 6 – Conclusion As depicted in Figure 12, Phases in IT Strategic Planning, SDI has described the process of consisting of three key steps, including working with the City to: Establish a shared vision of the current state of the City’s information technology environment including infrastructure, business applications, the ability of the City to manage and deliver information technology services, and unmet needs. Establish a shared vision of where the City’s information technology environment needs to be in the future, understanding that, even as the vision was being developed, emerging trends in information technology and public expectations for access to City information and services were continuing to evolve and change the requirements. Establish a roadmap to enable the City to transform its information technology environment from where it is currently to where it needs to be in the future. However, as anyone who has embarked on a journey with friends or family knows, no matter how well planned the roadmap is, there are always unforeseen events, opportunities, and obstacles along the way as well as questions from the rest of the travelers including: Are we there yet? Was that our exit? Why are we going here? Isn’t there a shorter route? IT strategic planning is no different from this road trip – and for all of these reasons, an IT Strategic Plan should not be an event, but rather must be a process. Most organizations; however, treat IT strategic planning as an event since the need to plan is not engrained in organizational culture in the same way as budgeting, for example. Policy makers and managers have learned that budgets must be continually tracked, verified, and updated in the course of a fiscal year – and then successively refined in out years. Organizations that place a premium on managing their total cost of ownership for information technology and obtaining the highest possible return for their investments in IT have found that they must have the same continuing commitment to IT strategic planning as they do to budgeting. Figure 12 – Phases in IT Strategic Planning 10.C.a Packet Pg. 337 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 44 Through this engagement, SDI has worked to provide the City of Gilroy with not only an IT Strategic Plan but also with a process to continually maintain it as well as an increased awareness among the City’s key stakeholders of the need to continually plan. 10.C.a Packet Pg. 338 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 45 Appendices Appendix A – Project List 10.C.a Packet Pg. 339 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information Technology Strategic Plan) The City of Gilroy IT Strategic Plan May 29, 2018 Page | 46 Appendix A – Project List # Project Name Sponsor Description 1 Implement City-wide IT Governance City Administrator The implementation of a city-wide approach to the governance of information technology will be critical to the successful completion of planned projects and to ensure that City resources are allocated in accordance with the IT Strategic Plan and operational needs. This project would create an Information Technology Advisory Committee (ITAC). ITAC’s membership would consist of department heads and selected stakeholders and it would be responsible for the continuing alignment of the City’s information techn ology spending, resources, and priorities with the City’s overall business objectives and priorities and sponsor City-wide information technology projects. 2 Customer Relationship Management (CRM) City-wide The project will implement a software solution that will enable members of the community to report issues/problems to the City which, in turn, will be allocated to the appropriate City departments/offices for action/tracking/reporting. 3 Enterprise Content Management (ECM) Plan City-wide This project would provide a roadmap for the City-wide implementation of Laserfiche including the development of a City-wide document inventory, opportunities to improve current City business processes through the use of workflow for inter and intra departmental document exchanges, and integration with business applications including ERP, LMS, etc. In addition, this project will evaluate the current directory structure used for storing files and data in order to design a more efficient method of storing these directories including their structure, retention, and purging. 4 GIS Renovation / Update City-wide The City's existing geo-database has not been consistently updated and maintained; as a result some of the information in the GIS is dated, incorrect, or missing. The geo- database will need to be reviewed and updated in order to provide the basis for the implementation of new Land Management and Work Order / Asset Management systems for the City. This effort should include the acquisition of new aerial photos in order to update the GIS layer pertaining to parcel and infrastructure locations. 10.C.a Packet Pg. 340 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 47 # Project Name Sponsor Description 5 GIS Roadmap City-wide Establish a GIS roadmap (a series of GIS recommendations) for the continued expansion of the ERSI GIS application so that all current and future users of GIS understand the long-term goals of the City’s GIS application. This project would catalog existing geospatial functions within the City and identify their strengths tha t should be leveraged as well as major weaknesses that should be addressed to provide better service or interfaces into future, modern databases being implemented within City departments. The project would provide a single GIS database for all departments, reduce redundancies, allow for information sharing between departments (e.g. street maintenance, water distribution, utility billing, storm water, land use, tree data) by using address link to data, and provide increased information to the public through the City’s website. 6 Mobility Standards and Tools City-wide Create and implement a plan to establish mobile computing standards and processes to support field staff in accessing information in the field, as well as supporting the electronic collection of information to reduce paper-based processes. This project will focus on providing field staff with tools to allow them to work without coming back to the office and would increase their efficiency by being in-touch and having information available to perform duties. The scope of this project includes identifying support and training needs to ensure staff have the necessary support when using mobile technologies. The goal of this project will be to provide the foundation for City personnel to locate assets, download plans, and update work order status as needed and at their work location. The project may include physical improvements to the City’s Wide Area Network (WAN) and wireless coverage in order to provide consistent, reliable connectivity throughout the City. 7 Digitize Com. Dev. Records City Clerk Community Development and Public Works have a large number of plans that exist only as paper-documents with resulting problems in storage, retrieval, and accessibility in the field. This project would provide for the scanning and indexing of these documents in a format that would facilitate online retrieval and eventual archiving. 8 Intranet H/R Implement a software solution to promote department communication and coordination for projects and day-to-day City activities. The solution should provide a foundation for facilitating and sharing information for projects and initiatives. More specifical ly, the solution should support calendars, frequently asked questions, links, project sites, and task tracking. 10.C.a Packet Pg. 341 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 48 # Project Name Sponsor Description 9 Laserfiche upgrade to Avante City Clerk The City is operating Laserfiche 8.1 and would like to move to Laserfiche's Avante which is marketed as "a cutting-edge solution that combines comprehensive content management functionality with business process management tools to both manage and process information; turning it into an asset that enables efficiency and smart decision - making organization-wide". This project, perhaps in conjunction with the ECM Plan would provide for the migration from the City’s current version of the Laserfiche software to Avante and provide a single, enterprise document management solution. 10 MinuteTraq rollout to City Boards & Commissions City Clerk The Clerk has implemented IQM2 MinuteTraq for City Council & Planning Commission agenda management. This project would "roll-out" this software to other City boards & commissions. *** Please note that this project was reported as being completed and was removed from the project schedule. 11 Public Records Access (PRA) Search Tool City Clerk Public records requests are currently handled through the City Clerk’s office with support from ITD to search and retrieve electronic information to satisfy the requests. Most of the requests involve searching electronic media. The City would benefit from implementing a system(s) that helps track and report on the public records request to ensure timely response to the public and reduce the burden on staff to coordinate response activities. 12 Land Management System (LMS) Community Development Procure an automated system for the issuance of building permits, inspections, plan checking, code enforcement and other activities currently managed manually or through stand-alone custom software. The system should provide 24/7 service to the community through automation including the ability to view permit details, permit issuance status, request inspection and view inspection results. The application should also support mobile technology for field access to allow inspectors access to information about permits, previous inspection results and to record results while working in the field. 13 Business License software Finance Implement a robust business license solution that provides the ability to review, print, track, and report on business licenses. Desirable online features include the ability to apply for a business license, renew a business license and pay fees. 10.C.a Packet Pg. 342 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 49 # Project Name Sponsor Description 14 Finance System Replacement (ERP) Finance Replace the existing SunGard finance system with a commercial-off-the-shelf (COTS), proven, best practices solution. Major functionality of the new system will likely include General Ledger, Project Accounting, Budget, Contract Management, Fixed Assets, Accounts Payable, Accounts Receivable, Purchasing, Payroll and Human Resource management. Significant features of the new system should include a robust workflow and self-service modules (i.e. employee self-service, vendor self-service, etc.). The new system should include integration to GIS, document management, maintenance management, employee time reporting, and other department level systems. The project will include software, hardware, interfaces, training, conversion, project management, and business process improvements. 15 Fire MDT replacement Fire The Fire Department's MDTs are reaching end-of-life and are in need of an upgrade or replacement. This project would define the equipment needs, identify funding, and acquire equipment for MDT replacement and network connectivity in all Fire vehicles. 16 Fire staff scheduling Fire This project will identify a software product for the scheduling of fire personal and managing shift coverage. It is possible this application could be used by other, or all, departments within the City for time reporting or it may be part of the new ERP application. 17 Firehouse RMS Replacement Fire This project would evaluate software options for the replacement of the current Firehouse Records Management System. The department is not receiving the level of support they would like with the existing application, desire more robust functionality, including automated/intelligent scheduling of fire Inspections, recording of the results of the inspection, and the issuance of notices to correct deficiencies. The project would identify department needs, create an RFP, and select/implement a new application which is cost effective, provides integration with other City applications, and meets the current business needs of the department. 18 iPads - patient information and inspections Fire Acquire iPads for departmental personnel to use with inspection activities and inputting data in the field. 19 Opticom System Fire Implement the Opticom Emergency Vehicle Preemption system which enables police cars, fire trucks and ambulances to navigate congested intersections effectively in an emergency. 21 Housing software Housing This project will define business requirements and work flows within the Housing department in order to identify and procure a software application to assist Housing staff with administering Housing and Urban Development (HUD) programs which is handled currently via spreadsheets and manual processes. 10.C.a Packet Pg. 343 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 50 # Project Name Sponsor Description 22 Application Portfolio IT Create an application portfolio (inventory) to better track the business applications being used to ensure that the City obtains the highest possible return on its investments in information technology through application re-use and the sharing of business processes and information across departments. 23 Applications Training Plan IT This project is to implement a formal plan to provide enhanced user training. City staff indicated they are unfamiliar with the full capabilities of many of the installed application systems or have forgotten how to use many of the application features available. This project would define regular, on-going training for the City's core business applications as refresher classes or as beginning classes for newly hire staff. 24 Business Continuity and Disaster Recovery Plans IT The City should develop a business impact analysis that identifies mission critical business applications and the potential impact to the City if they are not available, the steps that can be taken to sustain operations without automation, and the maximum amount of time that the department can sustain operations without the application being available. The City should also prepare or update an IT Disaster Recovery Plan and City-wide Business Continuity Plan that identifies the steps to be taken to restore mission -critical IT services and applications in the event of a natural or other disaster. Implementation of the plans should include any hardware, software, off-site services, and training required to meet business and operational recovery requirements. This project would also analyze the existing infrastructure to identify single-points of failure (For example, single Internet service) and determine solutions to latent service or poor network connectivity. 25 Conference Rooms A/V Upgrade IT This project is to inventory current City conference rooms and identify, standardize, and acquire new equipment for these rooms (i.e. electronic white/smart boards, projection capabilities, large monitors, telephone conferencing equipment, etc.). 26 Cybersecurity Plan IT Embark on a program to develop a formal, NIST-conformant, cybersecurity plan that addresses all phases of cybersecurity including planning and implementing preventative measures, monitoring network activity to detect intrusion attempts and suspicious network activity, the implementation of procedures to mitigate cyberthreats and to recover from them, as well as processes to review the cyberattack and continually adapt the City processes to better meet similar threats in the future. 27 Equipment Refresh IT Establish an annual budget allocation for the systematic replacement of desktops, laptops, and network infrastructure devices. The purpose of this project is to keep the maintenance on equipment to a minimum, provide equipment that will operate effectively with new software, and ensure upgrades to the communications network, access points, Wi-Fi coverage, routers, switches, servers and telecommunication devices are performed on a routine basis. 10.C.a Packet Pg. 344 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 51 # Project Name Sponsor Description 28 Help Desk Expansion IT ITD should standardize and expand its Help Desk environment by creating a service catalog that defines the services provided by the Help Desk, the respective responsibilities of the users and ITD, and the service levels associated with each service, publishing statistics regarding ITD’s conformance to service levels, capturing time worked against tickets, establishing a self-help knowledge base that is readily available to users, providing the ability for users and ITD staff members to collaborate on the resolution of tickets or for users to monitor the status of their requests, and developing a formal process for the review of Help Desk tickets and for the identification and remediation of root-causes. 29 IT Organization and Staffing IT The City should bring the level of support within ITD to an appropriate level by recruiting and filling the vacant IT Application Analyst position which will provide project management support during the implementation of new business applications, creating a new position of IT Business Analyst which will provide on-going application support to City departments, co-ordinate training, provide technology consulting, and assist in defining improved workflows, and creating a new position of Network Administrator to additional on-going technical support and backup to current IT Technicians. 30 Policies & Procedures IT Develop technology policies and procedures to serve as guidelines to enable ITD and City departments to make informed decisions that are consistent with the City’s objectives and priorities. This project would require the City to adopt and routinely maintain these policies and ensure that all employees understand and conform to them including department specific policies such as E-mail Retention (City Clerk) and Social Media (PIO). 31 Project Management Principles IT Establish basic project processes such as charters, meetings, and status reporting which could result in better use of resources and improve overall delivery success. At a minimum, Project Charters should be developed for all projects and include: Description, Stakeholders, Timeline/Deliverables, Risks/Assumptions, Methodology, Financial Resources, and Signatures. Provide a standard methodology for the implementation of technology projects within the City. 32 Server O/S upgrade IT Older, non-supported server operating systems will need to be replaced as server equipment is upgraded and/or new applications are implemented within the City. This project should be on-going and could be consolidated in the equipment refreshment plan in fiscal year. 10.C.a Packet Pg. 345 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 52 # Project Name Sponsor Description 33 Upgrade Exchange Server IT The City is currently running Exchange 2007, which is no longer supported by Microsoft. This project would plan for, and execute, the migration to the current generation of Exchange. As part of this project, ITD would evaluate the most effective installation of Exchange by remaining on-premises or moving it to the cloud-based Exchange on-line option. 34 Vulnerability Scan & Penetration Test IT Conduct an annual communications network analysis, vulnerability scan and penetration test including all wireless nodes using an independent third-party vendor which specializes in this conducting this unique service. 35 Animal control software Police Currently animal control uses Excel spreadsheets to manage activities associated with the department's animal facility. This project would define the department's needs, develop an RFP for software, acquire and implement the application. Functionality may include: Records, licensing compliance, vaccination compliance, microchip records, medical records, citations and fines, donation tracking, animal ownership, person history, animal history, lost animal report monitoring, photos, and document/image storage. 36 Computer Aided Dispatch (CAD) Replacement Police The current Police Department Computer Aided Dispatch (CAD) software (Tiberon) will need to be updated or replaced in the future. Law enforcement agencies use CAD to facilitate incident response and communication in the field. CAD systems, in many cases, are the first point of entry for information coming into the law enforcement system. The PD requires a modern, robust software application that assists with resource management, call taking, location verification, dispatching, unit status management, and call disposition. In addition, the new software will provide mapping functionality, interface with mobile data computers (MDC), and interfaces with other external local, state, and federal information systems. 37 Digital Evidence System Police This project is to implement commercial-off-the-shelf (COTS) photo management software to assist the PD in archiving and locating digital evidence files, such as video, photo, fingerprints, and audio-recordings. 38 PD Applications Roadmap Police Develop a tactical plan for implementing, updating, and supporting specific Police Department technologies/software including, but not limited to: Automated License Plate Readers, e-Citation, Timekeeping/Scheduling, field reporting, crime analytics, digital evidence, body/car cameras, GIS, jail management, crime photos/video, traffic cameras, voice recognition, interview room recording, fingerprinting (LiveScan and remote), DNA tracking , court appearance video, etc.). 10.C.a Packet Pg. 346 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 53 # Project Name Sponsor Description 39 Records Management System (RMS) Police The current RMS (Tiberon) used by the Police Department is not conformant with the requirements of the National Incident-Based Reporting System (NIBRS). This is critical since the current Uniform Crime Reporting (UCR) system will be transitioned to NIBRS only data collection by 2021. The RMS software is also not highly functional; officers are manually compiling notes in the field and then must enter the data into the RMS when they get back to the station. Therefore, this project will upgrade or replace the existing RMS for the storage, retrieval, retention, manipulation, archiving, and viewing of information, records, documents, or files pertaining to law enforcement operations. RMS covers the entire life span of records development— from the initial generation to its completion. An effective RMS allows single entry of data, while supporting multiple reporting mechanisms. RMS records include incident and accident reports, arrests, citations, warrants, case management, field contacts, and other operations-oriented records. 40 Access Control System Public Works Replace the existing key access system, which is outdated and cumbersome to use, with a modern, network compatible system that would allow for hardware on any door to be attached to the nearest communications network port thereby reducing future expansion and installation costs. This project would make expansion easier (nearest network port), would make door access throughout the City uniform, and allow for easy addition, delete, or change to access codes and cards. 41 Contract Management Software Public Works Implement contract management software that will provide for the central repository and structured process to manage City contract creation and execution along with the ability to manage contract milestones via automated alerts, establish automated workflow for contract review and approvals, and allow key performance indicators to be used in order to improve contract compliance and performance. 42 Fleet Management System Public Works The City needs a full feature fleet management system to improve existing processes for maintenance and management of the City fleet (Public Works, Police, and Fire) including a fuel management system. A seamless, integrated system can provide fuel usage by department and integrate with the financial system for expense reporting. Mileage would be captured automatically when refueling and used to schedule preventive maintenance. 43 Project Management software Public Works Evaluate the Public Works department project management needs and procure a software application that will eliminate project data currently maintained in Excel and miscellaneous databases and will provide a an electronic project management solution that will benefit the department and eliminate data being rekeyed between the estimates files, budget files, scheduling files and interfaces to the current or future ERP system. 10.C.a Packet Pg. 347 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information The City of Gilroy IT Strategic Plan May 29, 2018 Page | 54 # Project Name Sponsor Description 44 Work Order and Asset Management System Public Works Procure and implement an industry proven commercial -off-the-shelf (COTS) Computerized Maintenance Management System (CMMS) to replace the existing work order and asset management application (Mainsaver). The scope of the project would include providing a robust solution capable of tracking and managing asset activities (work orders), resource scheduling, preventative maintenance work orders, capital planning/budgeting, reporting, field/mobile access, inventory management, time keeping, etc. The solution should also be integrated to the finance (i.e. payroll and fixed assets), GIS, document management, and mobile applications. The comprehensive solution should be capable of supporting the following asset classes; storm water, pavement, fleet, facilities/buildings, signs, equipment, parks, median islands, etc. The application would also streamline work order processing; increase crew efficiency with access to information while working in the field, improve tracking and reporting on work orders, scheduling, costs, staff, equipment, and supplies. The application would also improve scheduling of work and fully track costs for personnel, equipment and supplies associated with each work order. 45 Replace Active.Net Recreation The Recreation Department is currently using Active.Net for class registrations and park and facility reservations. It is felt that Active charges a lot for the service and the reports that they provide are not always intuitive, particularly when they must track attendance for contract classes or where scholarships have been provided. Recreation would like to find a replacement for Active which would provide a more cost-effective solution and handle the department's billing, invoicing, check -in/check-out procedures, contracts, employee time recording, event and facility scheduling, league/team management, registration and rental management. 10.C.a Packet Pg. 348 Attachment: City of Gilroy Information Technology Strategic Plan - Final Report (1733 : Information City of Gilroy STAFF REPORT Agenda Item Title: Presentation of the Fiscal Year 2018 3rd Quarter Report Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Bryce Atkins Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Receive the report. BACKGROUND Each quarter, the Finance Department prepares and presents to Council an update on the revenues and expenditures of the City’s fiscal year performance. The below report identifies the revenues and expenditures for Fiscal Year 2018, for the period from July 1, 2017 through March 31, 2018. Projected year end totals are contained in the separate mid-cycle report being presented to Council on the same agenda. It is important to note that the City’s internal service funds (IT, Fleet, Facilities, Fringe Benefits, Worker’s Compensation and Liability Funds) are not provided in this report. As these funds receive their revenue from charges to the other departments and funds in the City, it would essentially be double counting revenues and expenditures if they were to be included in the calculations below. Overall, the revenues of the City are trending higher than projected in the budget, and the expenditures are trending lower as of the 3rd quarter. These are positive indicators 10.D Packet Pg. 349 of economic health in the community, and it aids the City by providing resources to help meet the service needs of residents. ANALYSIS Revenues FIGURE 1: 3RD QUARTER REVENUE SUMMARY Fund Revenues Amended FY 18 Budget Revenues Through 3rd Quarter Ratio of 3rd Quarter Actual to Budgeted (Target 75%) General Fund 52,663,017$ 35,923,026$ 68% Property Tax 12,785,613$ 8,389,793$ 66% Sales Tax 18,172,783$ 11,701,542$ 64% Utility Users Tax 4,411,421$ 3,242,887$ 74% Transient Occupancy Tax 1,760,059$ 910,082$ 52% *Business License 621,792$ 793,444$ 128% *Other Taxes and Revenue 14,911,349$ 10,885,277$ 73% Sewer Enterprise (700)13,548,402$ 9,279,643$ 68% Water Enterprise (720)10,100,054$ 7,830,633$ 78% *Recreation (290)3,649,323$ 2,811,374$ 77% Gas Tax 1,236,016$ 947,913$ 77% *Development/Impact Fees 14,762,156$ 7,917,464$ 54% Public Safety Special Revenue Funds 1,049,663$ 597,891$ 57% Debt Service 6,962,216$ 4,599,507$ 66% Other Special Revenue Funds 2,947,158$ 2,006,949$ 68% Citywide Total 106,918,005$ 71,914,399$ 67% General Fund Total 52,663,017$ 35,923,026$ 68% Enterprise Funds 23,648,456$ 17,110,276$ 72% Special Revenues 30,606,532$ 18,881,097$ 62% Citywide Total 106,918,005$ 71,914,399$ 67% *Report is on a cash basis. At the end of the fiscal year, some revenue my be deferred to the following fiscal year. General Fund Above is a table (Figure 1) which provides a revenue status as of March 31, 2018. Overall, the General Fund is performing better than was forecasted at budget adoption in June 2017. Although the General Fund has received 68% ($35.9 million) of the total annual budgeted amount for the fiscal year, several sources of the City’s revenue lag 10.D Packet Pg. 350 behind actual collection of the revenue – this is simply a cash issue and not an indication that the City will not receive those revenues at the forecasted level . Property Tax The City’s property tax revenues are received in various intervals from Santa Clara County, and are not distributed in even amounts. Receiving 66% of its annual budgeted revenue as of March 31, 2018, the City’s property tax payments received to date are only a portion of the expected annual amount. Additional payments towards the remaining balance were received after the close of this reporting period. Although not included in the amounts above, as of May 29 th, 93% of the revenue budgeted has been received, with the final installment payment being disbursed on or around June 22, 2018. Sales Tax The City receives its sales tax revenue approximately three months after funds are collected by the State Board of Equalization. The fact that revenue is already at 64% with only half of the year’s actual payments being received indicates that revenues are performing better than anticipated during the budget process. The City is seeing increases in vehicle sales and restaurant sectors, while the retail sector is seeing local contraction, as the drive towards online shopping impacts the revenues of local “brick and mortar” stores. To date, this contraction has been minimal; however it is a significant risk to our sales tax base going forward. Utility Users Tax The City’s UUT revenues are trending on target for this period of the fiscal year. At this time, there is no volatility anticipated with this revenue source through the rest of the year. Transient Occupancy Tax The City’s TOT revenue comes from a 9% tax on hotel room rentals under 30 days, as well as from some of the RV parks in the City. The payments contained in this 3rd Quarter update are payments from the hotels for the period ending December 31, 2017. The hotels make their payment within one month after their quarter ends. Thus these revenues typically lag behind the City’s fiscal reporting periods. Business Licenses As of the 3rd quarter, business license revenue has already exceeded the annual budgeted amount by 28%. The cause for this dramatic increase in revenue is tied to construction contractors and also as a result of annual payments for business licenses that span across two fiscal years. Business license applicants are charged for a full year. Depending upon the timing of the business license 10.D Packet Pg. 351 application, the business license may cross over two different City fiscal years. When this happens, revenue staff accrues the amounts to each fiscal year, depending upon where the split between fiscal years lands in their annual billing amount. At the end of the fiscal year, portions of this revenue will be reduced and applied to the following fiscal year. Other Taxes and Revenues These revenues are comprised mostly of service charges and other, smaller revenue sources. This aggregate revenue category has received 73% of its revenues budgeted for the year, placing it on track performance -wise. However, as mentioned above, some of these service charges may be pre -paid amounts for work that will span into the following fiscal year, and may be deferred to that following year. Enterprise Funds For the same time period, the City’s enterprise funds are also performing as was expected in the FY 18 Adopted Budget. Sewer and Water have collected 68% and 78% of their revenues, respectively. Each amount is provided in the table below. These enterprise funds are another revenue source that lags a month behind in this report, as services are charged the month following their provision to rate payers. As a whole, the enterprise funds have collected 72% of the budgeted revenues, a total of $17.1 million. Special Revenue Funds The table identifies several categories of special revenue funds. Recreation and Gas Tax special revenue funds have collected 77% of their budgeted revenues, while development and impact fees have collected 54% of the revenues anticipated in the budget. Many of these special revenue funds, such as recreation and development fees fluctuate seasonally, and are not received linearly. Additionally, a few of these funds may also be subject to deferrals based on any prepayments or payments for services that extend into the following fiscal year. Public safety special revenues are mostly comprised of grants, though a few smaller regular revenue streams are included in this total. As of March 31, 2018, 57% of the anticipated revenues were received. It should be noted, that gas tax revenues generated through State Assembly Bill 1 (SB1) are being challenged by a ballot initiative intended to repeal gas tax increases. Should the November ballot initiative prove successful, the City could lose approximately $400,000 in FY 18 and over $1 million per year in future years. At this time, the City is holding SB1 revenues in a separate fund and will await the decision of the voters before beginning SB1 projects. Debt service funds are special revenue funds which receive and expend funding for bonds and other indebtedness instruments that the City has and continues to use to fund projects or repay for projects already developed. The various debt service funds have collected 66%, or $4.6 million, or the budgeted annual total revenues. 10.D Packet Pg. 352 Other special revenue funds include various funds that individually are smaller in amounts, but are collected as an aggregate to present a complete picture of the City’s financial position for this period in the fiscal year. Expenditures Below is Figure 2 which identifies expenditures by department. Each department total includes the General Fund, as well as any enterprise and/or special revenue fund that the department manages. Overall, all departments are performing at or below expected budget levels through three quarters of the fiscal year. The only exceptions are the Human Resources Department, and other special revenue funds that are not tasked to a specific department. Human Resources has seen increases in two items, recruitments and legal services. This is not indicative of HRs budget performance, but as the department has seen an increase in recruiting activity in service to other departments and there has been more than typical resources allocated to legal services. Both of these have impacted the total expenditures of the department. The other special revenue category of expenditures contains debt service payments which are paid in single or dual installments, and push the total amount above the 75% target. These expenditures are based on payment schedules that are known in advance, and are not anticipated to exceed budgeted levels. FIGURE 2: 3RD QUARTER EXPENDITURE SUMMARY 10.D Packet Pg. 353 Department/Division Expenditure Amended FY 18 Budget Expenditures Through 3rd Quarter Ratio of 3rd Quarter Actual to Budgeted (Target 75%) Administration 8,307,191$ 6,222,383$ 75% Community Development 6,336,917$ 3,057,769$ 48% Finance 888,104$ 506,184$ 57% Fire 10,779,381$ 8,055,844$ 75% Human Resources 1,167,951$ 997,905$ 85% Police 24,498,613$ 17,347,705$ 71% Public Works 55,360,853$ 30,928,169$ 56% Recreation 3,649,438$ 2,358,590$ 65% Other Special Revenue 7,471,275$ 6,488,927$ 87% Citywide Total 118,459,723$ 75,963,477$ 64% General Fund Total 54,977,586$ 38,971,953$ 71% Water Enterprise 12,448,002$ 6,887,042$ 55% Sewer Enterprise 17,671,507$ 10,835,469$ 61% Development/Impact Fees 16,615,670$ 8,357,406$ 50% Other Non-General Funds 16,746,958$ 10,911,607$ 65% Citywide Total 118,459,723$ 75,963,477$ 64% CONCLUSION Overall, Citywide revenues as of the end of the 3rd quarter were 67% of the annual budgeted levels, while expenditures were 64% of the annual budgeted level. For the General Fund, revenues are at 68% and expenditures at 71%. However, as expressed previously, several of the General Funds revenue sources lag between receipt and hard quarterly cutoff timeframes. The mid-cycle report on this agenda contains projected year-end totals to give Council the review of where the City is anticipated to be financially at the end of the fiscal year. In summary, the City’s revenue and expenditure activities are performing better than was anticipated at the June 2017 budget adoption. 10.D Packet Pg. 354 City of Gilroy STAFF REPORT Agenda Item Title: Review of the Fiscal Year 2018 and 2019 Mid-Cycle Report and Consideration of Amendments to the Fiscal Year 2019 Adopted Budget Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Jimmy Forbis Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION a) Receive the report; and, b) Approve proposed amendments to the adopted budget for Fiscal Year ending June 30, 2019, and authorize the Finance Director to take such actions to effectuate the change in the City’s budget. EXECUTIVE SUMMARY The City of Gilroy adopts its budget for two years each cycle. Between those years, staff and Council discuss potential amendments during the mid -cycle update which occurs between budgeted years. For this mid-cycle, revenues for the General Fund and most of the categories of non-General Funds are coming in higher than anticipated, while many of the expenditures are below budgeted levels. The tables and descriptions in the below report identify the trends. Additionally, as part of a mid-cycle update, potential amendments are presented for the second of the two fiscal years - Fiscal Year (FY) 2019. BACKGROUND 10.E Packet Pg. 355 As part of the biennial budget, there is a mid-cycle report in between the two fiscal years. The process entails a report on projected year-end budgets, and potential changes as a result of inflationary cost increases. This is also a time to discuss potential budget amendments for expenses not contemplated in the biennial process. This report and update will feature a report on the projected year end revenues and expenditures for FY 18, the adjustments to the FY 19 budget as a result of the year end projections, and then discussion of potential budget amendments for FY 19. In June 2017, Council adopted a status quo budget which entailed service levels consistent with the prior fiscal year. As part of that adoption, Council considered and approved General Fund budget amendments totaling $5.2 million in FY 18 and an additional $1.1 million in FY 19 for additional projects, procurements, and positions. ANALYSIS FY 18 Year End Revenue Projections General Fund The current budget for FY 18 identified General Fund revenue totaling $52.7 million and at this time, it is projected that the total revenue to be received will total $54 million, a 2.5% increase from the FY 18 Adopted Budget. This increase is largely due to sales, property, and utility users’ taxes being higher than anticipated. (figure 1) Figure 1: FY 18 General Fund Year End Revenue Projections General Fund Revenue Type Amended Budget Projected Year End Difference Percent Difference Property Tax 12,785,613$ 13,119,384$ 333,771$ 2.61% Sales Tax 18,172,783$ 19,029,560$ 856,777$ 4.71% Utility Users Tax 4,411,421$ 4,544,650$ 133,229$ 3.02% Transient Occupancy Tax 1,760,059$ 1,725,816$ (34,243)$ -1.95% Business License 621,792$ 706,283$ 84,491$ 13.59% Other General Fund 14,911,349$ 14,845,864$ (65,485)$ -0.44% Total 52,663,017$ 53,971,557$ 1,308,540$ 2.48% Property Tax Based on updates from the Santa Clara County Assessor’s Office, the City’s property tax is expected to generate $13.1 million, $334,000 or 2.6% more than the amended budget. This is due to assessed value increases from appraisals (typically when homes change ownership) of real property within the City, as well the maximum 2% property tax increase as permitted by Proposition 13. Sales Tax 10.E Packet Pg. 356 The City is projecting year-end sales tax revenue of $19 million, an increase of $850,000 or 2.6% above budgeted levels. Gains were expe rienced in multiple sectors, including auto sales, restaurants, service stations, and construction. It is anticipated that there will be an adjustment to construction sales tax revenue next fiscal year, as some of the construction sales tax revenue ($140,0 00) received was misallocated by the State. Utility Users Tax (UUT) UUT revenue has been performing well and thus revenue is anticipated to increase 3%, or $130,000 above budgeted levels. These revenues are levied as a percentage of water, sewer, gas, electricity, steam, cable, and phone charges. Most if not all of these rates increase gradually over time, causing marginal but generally steady increases in revenue year-over-year. Transient Occupancy Tax (TOT) While TOT revenue did increase over the prior year by $16,500 (1%), it is not projected to reach the amount budgeted for this year. The budgeted amount for this year was $1.76 million. It is projected to total $1.73 million, approximately $34,000 short of the budgeted estimate. Business License Business License revenue increase has been a result of increases in construction activity, with more contractors pulling business licenses. This revenue source is expected to result in an amount 13.6% (or $84,000) higher than estimated in the budget. Other General Fund Other General Fund revenues include service charges, fees, fines and forfeitures, and grant revenues. Revenues are generally on track, with only a minor decrease, totaling $64,000, or down 0.4%. A significant portion of this decrease is due to some larger development projects that were estimated to have paid fees this fiscal year, but will instead make their payments next fiscal year. Non-General Fund For the non-General Fund revenues, below is a table identifying revenue projections for FY 18, as well as a discussion of each category. Figure 2: FY 18 Non-General Fund Year End Revenue Projections 10.E Packet Pg. 357 Non-General Fund Revenue Type Amended Budget Projected Year End Difference Percent Difference Water Fund 10,100,054$ 10,846,429$ 746,375$ 7.39% Sewer Fund 13,548,402$ 13,614,048$ 65,646$ 0.48% Recreation 3,649,323$ 3,666,845$ 17,522$ 0.48% Gas Tax 1,236,016$ 1,273,671$ 37,655$ 3.05% Development/Impact Fees 14,762,156$ 10,965,432$ (3,796,724)$ -25.72% All Other Special Revenues 10,959,037$ 8,485,017$ (2,474,020)$ -22.58% Total 54,254,988$ 48,851,442$ (5,403,546)$ -9.96% Water Fund The City’s Water fund is expected to perform better than budget estimates. The Fund is projected to earn $746,000 more than estimated, an increase of 7.4%. This is tied to an increase in the amount of water used. The rate increase that took effect this year was accounted for in the budget projection. Sewer Fund The Sewer Fund is generating revenue on target, approximate ly 0.5% higher than budgeted levels, totaling $65,600 over budget projections. Sewer Fund revenue is based on fixed rates, which allows for more certainty in estimating revenues for budget purposes than the Water Fund, which has a usage driven component to the rates charged. Recreation Recreation is projected to receive 0.5% or $17,500 more revenue than forecasted in the adopted budget and thus the fund is performing on target. The revenue is acquired from charges for services (cost recovery) related to recreation programs, and some grant funding. The services provided by Recreation are seasonal, and therefore so are most revenues. Gas Tax Gas tax revenue is projected to come in 3% ($38,000) higher than budgeted. It should be noted, that gas tax revenues generated through State Assembly Bill 1 (SB1) are being challenged by a ballot initiative intended to repeal gas tax increases. Should the November ballot initiative prove successful, the City could lose approximately $400,000 in FY 18 and over $1 million in future years. At this time, the City is holding SB1 revenues in a separate fund and will await the decision of the voters before beginning SB1 projects. Development/Impact Fees Development and Impact Fees are projected to be 26% below budget estimates. These revenues are collected as a result of new development approval and the required contributions to development impact funds to offset infrastructure 10.E Packet Pg. 358 impacts. As with the other General Fund revenues from building and planning, there were projects that did not reach the point of requiring impact fee payments this year as expected. These projects will likely reach th at point next fiscal year. All Other Special Revenue All remaining special revenue funds, as an aggregate, are down 22.6% from budgeted revenues. While the funds are at varying levels of revenues above and below budgeted levels, the largest impact to revenues not being realized is the transportation/mobility grant of $1.02 million for the Monterey Street improvement project from the Metropolitan Transportation Commission. The grant is paid on a reimbursement basis, and the project was approved by Council in May. As such, no reimbursements are expected to be received in FY 18, but expenses will be billed and received in FY 19. Additional impacts to the revenue include lower revenues due to the elimination of the CalGRIP grant at the state level, and lower revenue in the Housing Trust Fund than budgeted. FY 18 Year End Expenditure Projections General Fund Overall, the General Fund is projected to end the fiscal year under budget for expenditures by $2.3 million, or roughly 4.3% under approved appropriations. Figure 3 identifies each department’s use of General Fund resources. Most departments experienced costs savings, predominately from salary savin gs due to vacant positions. Figure 3: FY 18 General Fund Expenditure Year End Projections General Fund Expenditures By Department Amended Budget Projected Year End Difference Percent Difference Administration 8,307,191$ 8,223,394$ (83,797)$ -1.01% Finance 888,104$ 699,587$ (188,517)$ -21.23% Human Resources 1,167,951$ 1,325,656$ 157,705$ 13.50% Police 23,425,804$ 21,357,638$ (2,068,166)$ -8.83% Fire 10,779,381$ 10,364,563$ (414,818)$ -3.85% Public Works 5,193,739$ 6,382,459$ 1,188,720$ 22.89% Community Development 5,215,416$ 4,274,037$ (941,379)$ -18.05% Total 54,977,586$ 52,627,334$ (2,350,252)$ -4.27% Below is a discussion on the funding used by each of the departments identified above. Administration Administration is a classification that includes City Council, City Attorney, City Clerk, Public Information Office, and other general governmental costs that are not tied to other General Fund departments or programs. Overall, this 10.E Packet Pg. 359 department is projected to be under budget by 1%, or $84,000. The savings are attributable to vacancies throughout the fiscal year. Finance Finance is projected to be under budget by $189,000 (21%). This projected savings is largely due to a position vacancy. Human Resources Human Resources is anticipated to end the fiscal year over budget by $157,705, or 14% above budget. This is due to legal services fees being higher than budgeted. Additionally, there has been an increase in recruiting costs this year for multiple vacancies and newly created positions resulting from budget requests and reorganizations. Police Police Department expenditures are projected to fall below budgeted appropriations by $2 million, approximately 9% of their total budget. This is predominately due to multiple vacancies within the Department across their operational divisions and is consistent with previous fiscal years. Fire Fire is estimated to end the year 4% below budgeted expenditures, approximately $415,000. This is due to salary savings within the Department. Public Works As can be seen in the table, Public Works is estimated to end the year $1.2 above the adopted budget expenditures. This is due to contractual services in the Engineering division, particularly those relating to CSG and other consultants. As Council will recall, staff brought these amendments to the consultant agreements before Council, citing that the increased cost would be covered by increased revenue in engineering plan check fees. These increased revenues are projected to be received as presented to Council in the contract amendment staff reports. Community Development Community Development is projected to end the year under budget, primarily due to salary savings from vacant positions. The Department is estimated to save $941,000, or 18%, of its budgeted expenditures. Non-General Fund Overall, planned expenditures of funding sources aside from the General Fund are all projected to be under budget by varying margins. Below is Figure 4 which identifies the 10.E Packet Pg. 360 other funding by select categories. Following the table is a brief description of the fund performance. Figure 4: FY 18 Non-General Fund Expenditure Year End Projections Non-General Fund Expenditures Type Amended Budget Projected Year End Difference Percent Difference Water Fund 12,448,002$ 11,908,338$ (539,664)$ -4.34% Sewer Fund 17,671,507$ 16,771,333$ (900,174)$ -5.09% Recreation 3,649,323$ 3,389,976$ (259,347)$ -7.11% Gas Tax 1,692,984$ 1,396,506$ (296,478)$ -17.51% Development/Impact Fees 16,615,670$ 14,131,225$ (2,484,445)$ -14.95% All Other Special Revenues 11,404,651$ 11,384,532$ (20,119)$ -0.18% Total 63,482,137$ 58,981,910$ (4,500,227)$ -7.09% Water Fund The City’s Water fund is projected to end the fiscal year approximately $540,000, or 4.3%, below approved expenditures. The savings is spread across multiple categories, including salary savings, contract services, and repairs and maintenance costs, to name a few. Sewer Fund This fund is projected to have expenditures at year-end 5% below budget, totaling $900,000 of estimated savings. Savings are scattered throughout the Fund, including equipment, transfers, and salary savings. Recreation Recreation is projected to expend 7% below their budgeted appropriations in the amount of $259,000. The majority of savings are from part time salary savings. Gas Tax Gas tax expenditures are projected to complete the year 17.5% below budget, by the amount of $296,000. The savings are tied to savings in contract services and improvement line items. Development/Impact Fees Development and Impact Fees are projected to be 15% below budget, roughly $2.5 million. The savings are tied to contract services and improvement project line items. All Other Special Revenue All remaining special revenue funds, as an aggregate, are spending only 0.2% below budget. A large portion of these funds are debt service payments, which have a 10.E Packet Pg. 361 repayment schedule that allows budget figures to be developed with higher levels of certainty as most debt service payments are fixed amounts. FY 19 Adjusted Revenues Current Revenue Climate As the largest revenue source for the City is sales tax, which is extremely volatile and sensitive to market fluctuations, staff has conducted some research into market projections. In recent presentations throughout the state, Christopher Thornberg, a founding member of Beacon Economics and widely respected for his expertise on market conditions, has forecasted the following predictions regarding our economy: 2017 was a solid year for growth; 2018 is likely to end even better Low chance of recession within the next 24 months, beginning in January of 2018 Gross Domestic Product anticipated to increase 3% for 2018 Challenges will include the housing shortages state -wide, as well as labor shortages Anticipating growth in government deficits Consumer savings is declining Per the Bay Area Job Watch report in May of 2018, hosted by the Bay Area Council Economic Institute, job growth has been declining slowly since April of 2016. Below is Figure 5, a graph produced by the Institute showing the rate of job growth slowing. Figure 5: Bay Area Year Over Year Job Growth 10.E Packet Pg. 362 According to the US Bureau of Labor Statistics, the unemployment rate in the San Jose - Sunnyvale-Santa Clara Metropolitan Statistical Area has declined annually since the recession in 2009. Below is Figure 6 showing the change in unemployment. Figure 6: San Jose MSA Unemployment Rate History March Rates 2013 2014 2015 2016 2017 20181 Unemployment Rate 7.0%5.9%4.5%4.1%3.5%2.7% 1) Figure is preliminary While unemployment rate is one indicator of a strong economy – a leading economic indicator, historical trends give reason to pause. Recessions are a normal process in business cycles. Below is Figure 7, a chart that demonstrates the cyclical nature of recessions. Figure 7: Recession History Chart Since 1962 The last recession in 2009 was nine years ago. According to the National Bureau of Economic Research (an organization that tracks recessions), based on the average time between recession troughs, the next recession is already late. The average timeframe between two recession troughs since 1945 is 91 months. The trough was in June 2009 for the latest recession, which as of June 2018 would be 108 months. Only two recessions in the past have had troughs longer than this timeframe. Reasons for the longer than average business cycle are numerous and varied, however, the key concern is that while we are currently experiencing a strong economy, as some time in the future the economy will weaken, impacting the City’s local economy and revenue streams to provide critical services. 10.E Packet Pg. 363 Based on the information presented earlier, there are no indicators that a recession will occur during FY 19. As such, the following section discussing future revenue projections takes this information into account. General Fund Aside from property and sales taxes which are anticipated to increase, the outlook for FY 19 General Fund revenues are that they will stay relatively flat and remain at the same level as projected year end revenue totals for FY 18. Overall, revenue is expected to increase by 2.8% over original projections provided in June 2017. Below is Figure 8, which identifies the proposed amendments to the revenue projections for FY 19, followed by descriptions of the changes. Figure 8: FY 19 General Fund Revenue Projections General Fund Revenue Type Adopted Budget Proposed Amendment Difference Percent Difference Property Tax 13,650,657$ 13,973,990$ 323,333$ 2.37% Sales Tax 18,659,503$ 19,410,151$ 750,648$ 4.02% Utility Users Tax 4,332,645$ 4,336,600$ 3,955$ 0.09% Transient Occupancy Tax 1,812,861$ 1,725,816$ (87,045)$ -4.80% Business License 634,228$ 718,206$ 83,978$ 13.24% Other General Fund 14,444,750$ 14,845,864$ 401,114$ 2.78% Total 53,534,644$ 55,010,627$ 1,475,983$ 2.76% Property Tax Based on updates from the Santa Clara County Assessor’s Office, the City’s property tax is expected to increase by $323,000 or 2.4% more than the adopted budget. This is due to assessed value increases from re-appraisals of property within the City, and anticipated CPI/Prop 13 capped inflation. Sales Tax The year-end revenue projection for FY 18 establishes a new baseline for calculation of revenue. Staff is suggesting a 2% growth factor be applied to the new FY 18 baseline as the revised projection of the annual amount for FY 19. This would result in an increase in the budget projection for sales tax revenue by 4%. Per the conversation above, the indicators suggest continued economic health. Based on prior years, a 2% growth factor is still conservative, as prior year sales tax revenues average 7.1% growth annually, ranging in individual years from 2.4% to 12.4%, since FY 15. Utility Users Tax (UUT) 10.E Packet Pg. 364 Based on current projections, UUT is anticipated to be nearly flat with the FY 19 budget projection with only a 0.1% increase expected. There is significant erosion in UUT revenues in the past few years as electricity services are being reduced, cable TV subscriptions converting to online streaming services. Transient Occupancy Tax (TOT) TOT revenues are anticipated to stay relatively flat in FY 19 compared to projected actuals for FY 18, which is a slight reduction from what was estimated in the budget. As such, the amount projected for FY 19 is being reduced by $87,000 (4.8%). Business License Business License revenue is expected to increase marginally over projected FY 18 year end amounts, by approximately $12,000. This will result in a 13.2% increase in budgeted revenue in FY 19, a total of $84,000. Other General Fund Other General Fund revenues are being projected to stay flat with FY 18’s projected year-end for these funds. This represents a 2.8% increase, amounting to $401,000 above the FY 19 adopted budget. Non-General Fund For the non-General Fund revenues, the outlook is to maintain the budgeted revenues. Based on prior years, with the exception of development and impact fees, the revenue projections were largely on target. As such, aside from the Water Fund, no proposed changes to the projected revenues are proposed. While development and impact fees are not projected to be collected in amounts budgeted in FY 18, engineering staff have reviewed the budget amounts for FY 19, and concur that the revenues in the adopted budget are appropriate with the development projects they know are coming, and that the final numbers will possibly be higher. Below is Figure 9, which shows the proposed change to the Water Fund revenue, and the other funding sources proposed to remain the same as already budgeted in FY 19. Figure 9: FY 19 Non-General Fund Revenue Projections Non-General Fund Revenue Type Adopted Budget Proposed Amendment Difference Percent Difference Water Fund 11,513,652$ 11,859,062$ 345,410$ 3.00% Sewer Fund 13,713,534$ 13,713,534$ -$ 0.00% Recreation 3,394,809$ 3,394,809$ -$ 0.00% Gas Tax 1,226,233$ 1,226,233$ -$ 0.00% Development/Impact Fees 15,878,794$ 15,878,794$ -$ 0.00% All Other Special Revenues 17,259,556$ 17,259,556$ -$ 0.00% Total 62,986,578$ 63,331,988$ 345,410$ 0.55% 10.E Packet Pg. 365 FY 19 Adjusted Status Quo Expenditures As expenditures in FY 18 ended below appropriation levels overall, staff is not recommending any automatic adjustments to expenditures in FY 19 as part of the mid - cycle process. Later in this staff report, there are some budget amendments that are requested as specific requests not related to average inflationary costs. 10-Year Forecast and Comparison with Prior Forecast Model Presentation Below are the tables showing General Fund balance from the February 2 017 10-Year General Fund Financial Forecast Model (Model) (Figure 10), as well as the April 2018 Update (Figure 11), based on the information and projections in April. As can be seen, the increase in revenues and the lower expenditures has reduced the gravity of the fiscal cliff decline. The 2017 model identified the complete consumption of the fund balance in 2025, however the 2018 model shows an descending slope of fund balance through 2027 to a balance of $18.9 million before the 2018 model’s timeframe e nds. The updated Model projections assume no additional changes in the economy, pension payments, or other major economic challenges within the model’s timeframe. Figure 10: 2017 Model General Fund Balance Projections Figure 11: 2018 Model General Fund Balance Projections 10.E Packet Pg. 366 FY 19 Proposed Amendments In preparing for FY 19, both Council and staff have identified changes to enhance service delivery to residents that would generate a fiscal impact, and necessitate an amendment to the FY 19 adopted budget. Each are presented below in an itemized list. The list is simply for identification purposes, and does not represent a prioritization of requests. 1. Reorganization of IT from a Division within the Finance Department to be a Standalone Department 2. Citywide Administrative Operational Capacity Proposal 3. Gilroy Center for the Arts Improvements 4. Commissioner Training 5. Employee Assistance Program 6. Speed Zone Study 7. Increase Police Officer Authorized positions by 1 to a Total of 44 8. Convert Limited Term HR Analyst to a Permanent HR Analyst Position 9. HR Recruitment Costs 10. Community Engagement Manager Position Compensation 11. Building Scanning Project 12. Local Streets and Roads Program Gap Funding 10.E Packet Pg. 367 Reorganization of IT from a Division within the Finance Department to be a Standalone Department Staff recommends that Council approve the creation of an Information Technology Department. This would reorganize Information Technology staff, moving the Information Technology Division out of the Finance Department to be a standalone City department. Discussion During the staffing reductions that occurred with the Great Recession in 2008, Information Technology was reduced to a level of staffing to where a standalone department no longer made sense organizationally. Information Technology was moved to be a division within the Finance Department. Staffing levels were reduced from seven to three, though only two IT staff supported technology operations in 2011 and 2012. Currently the IT Division has four positions budgeted, however the staffing level has remained at three for more than two years. One of those positions has been open and has been very challenging to fill. The Information Technology Manager has been acting as Application Administrator and Network Administrator during this period. The IT Strategic Plan (ITSP) makes a number of recommendations that encourage making the organization change to move Information Technology out of the Finance Department. The primary recommendation, for the City to establish a formal IT advisory committee composed of department heads under the direction of the City Administrator, would ideally include an Information Technology Director. This would bring the right staff at the appropriate level for overall information technology governance. The ITSP also recommends that Information Technology staffing levels be increased from four to six positions. This would bring staffing levels to be comparable to other existing City departments and close to pre-recession levels. In addition a standalone IT Department should also help with staff recruitments as it shows organizational commitment to Information Technology. It was also noted in the IT Assessment Report that there were concerns that Finance receives priority assignment of technology resources with IT as a division of Finance. While we make every effort to prioritize work equally across departments, a standalone IT Department should also help with this perception. IT has used and will continue to use contract services for projects and specific areas of expertise. For long term staffing needs contractors are not an ideal solution. Typical issues with long term contracting services include higher turn-over rates impacting project and business continuity, re-training/turnover costs, as well as security and accountability concerns. Technical contract services for long term engagements are also currently not particularly cost effective. As an example hourly rates for mid -level managed network services run $90-$125 per hour ($187,200-$260,000 annually). Position adjustments in this proposal would include: 10.E Packet Pg. 368 Reclassification of the Information Technology Manager to Information Technology Director. Adjust Application Administrator salary to be more in line with highly competitive Silicon Valley salaries. Adjust Public Safety Systems Administrator position as a peer position to Application Administrator. Add a Network Administrator position as a peer position to Application Administrator. Add a Systems Analyst position as a potential promotional opportun ity for the IT Technician as well as to offer future career growth to prepare and train for the Application Administrator, Public Safety Systems Administrator or Network Administrator level. A functional organization chart for the proposed IT Department is attached to this staff report. Alternatives Council could choose to not authorize the creation of an Information Technology Department. This is not recommended as the organization benefits of purposeful positioning of Information Technology would not b e realized. The Information Technology Strategic Plan implementation could be impacted by continuing with the current organizational structure. Fiscal Impact The appropriations of the Information Technology fund would need to be increased by $434,666 to pay for the increased staffing and salaries. This will impact the appropriations of other departments, as IT is an internal service fund and each department contributes from its appropriations to IT to fund its operations. Below is Figure 12 which shows the fiscal impact of the changes proposed. Figure 12: IT Proposed Reorganization Costs Action Type Classification Salary Benefits Total Add FT IT Director 194,328$ 81,705$ 276,033$ Eliminate FT IT Manager (141,816)$ (66,338)$ (208,154)$ Enhance FT Public Safety Systems Admin.12,000$ 3,512$ 15,512$ Enhance FT IT Applications Analyst 12,000$ 3,512$ 15,512$ Add FT IT Network Administrator 124,992$ 55,278$ 180,270$ Add FT IT Analyst 105,825$ 49,668$ 155,493$ Cost Change 307,329$ 127,337$ 434,666$ Citywide Administrative Operational Capacity Proposal 10.E Packet Pg. 369 Recently, Council has authorized additional staffing at professional level positions within Community Development and Public Works, as well as some reorganization activities within the Police and Recreation Departments. However, there are still significant amounts of administrative tasks being undertaken by management and executive staff that detracts from the efficient and effective use of their time. Staff has prepared a proposal for several departments to enhance the capacity of each department by enhancing administrative support. This will provide benefits in allowing professional and technical staff positions to spend more of their time completing tasks appropriate for their level of work, as well as providing efficiency in delivering services to residents of the work they perform. Additionally, it allows for more administrative staff to help assist each department to function smoothly, assist with customer service, and divide more of the workload demand to enhance operational capacity. Attached to this staff report are several organizational charts for these departments, focusing only on the new positions, and the chain of supervision for them. Police The Chief of Police is proposing a reorganization of the Police Administration to enhance efficiencies. These changes include the demotion of a Captain position to a Sergeant, the reduction of a full time Office Assistant to a part-time Office Assistant, the addition of a Management Analyst, and the reclassification of the Administrative Secretary position to a Management Assistant. Aside from changes in Police Administration this proposal includes the addition of a patrol Community Services Officer to act as a Homeless Outreach Coordinator. This position would coordinate resources and referrals to provide vital services intended to help the homeless population. In addition to coordinating the va rious homeless services available this position will be responsible for tracking individuals through the various programs to enhance their chances of success. The total budget adjustment requested for these changes totals to $128,098. Please refer to the functional organizational charts attached to this report for comparison of current organization and functions as compared to the proposed organization and functions. Policy Discussion Homelessness and quality of life issues are at the forefront of the debate on crime and disorder. The City Council, Gilroy Public Safety, County agencies and community based organizations have been meeting and discussing how to best address this issue moving forward. Administrative and operational approaches include shiftin g personnel and resources to best address the current homelessness and quality of life issues. Providing a full time position dedicated to coordinating and tracking homeless individuals through the various service providers would enhance an individual’s chances of success. 10.E Packet Pg. 370 Additionally, the proposed administrative staff changes will provide for better data collection, analysis and reporting. Currently there is no staff dedicated to the extraction and reporting of data. Proper data collection and analysis is a critical component to making informed decisions. Providing a full time Analyst in the Police Department will allow for data extraction and analysis needed to better support information based decision making. Reorganization of administrative tasks between a newly created Management Analyst and a new Sergeant position will provide relief for Patrol Sergeants currently tasked with Administrative responsibilities. This will provide additional available time for those Patrol Sergeants to be in the field managing their staff and assisting with calls for service consistent with the goal of increasing available proactive time for patrol staff. Administrative Staffing The Police Department is currently divided into four divisions each overseen by a Captain: Field Operations, Special Operations, Administrative Services, and Professional Standards. For the past year one of those Captains has not been deployable resulting in a reorganization of duties between the remaining three Captains. The Administrative Secretary position has been vacant since December 2016. This position was filled on an interim basis during 2017 by one of the two Office Assistants. This position is currently vacant and the work load has been temporarily distributed among two sworn officers that are on extended light duty status. The availability of these light duty officers to supplement the work load is scheduled to end in May 2018. A significant challenge for the Police Department is the inability to produce statistical reports and data badly needed for planning and decision making. This is compounded by an antiquated Records Management System which requires significant time to extract data through the writing of specific search criteria in a Chrystal Reports system. When this system was designed and implemented the Police Department had a full time Crime Analyst and a full time Assistant Crime Analyst whose jobs were dedicated to extracting data and producing reports. Currently the Department has a Records Manager/Crime Analyst whose duties are split between running the Records Unit, maintaining Department compliance with the various criminal justice systems, providing crime analysis and providing mandated statistical information. The availability to pull specific statistical information is extremely limited. Homelessness and Quality of Life Issues Issues with Homelessness and Quality of Life crimes have been a major discussion topic between City representatives and community members. The homeless population in Gilroy has grown significantly. According to a survey in the “Santa Clara County Homeless Census and Survey Comprehensive Report”, Gilroy’s homeless population rose from 439 in 2015 to 722 in 2017, a 64% increase. A percentage of homeless individuals are criminals who do not wish to engage with service providers. To help 10.E Packet Pg. 371 address this criminal element the Council approved an additional $137,000 to address quality of life crimes in Gilroy. Of that, $50,000 was dedicated to deploy patrol personnel on overtime shifts to deal specifically with quality of life crime enforcement supported by the Public Works Department staff and the City Attorney’s Office. There are many individuals and families within our local homeless population that have become homeless due to unfortunate circumstances such as losing a job, an acute medical condition, or other temporary calamity. These members need access to service providers through referral, but navigating the various service provider requirements can be very challenging. There is currently no position responsible for coordinating the various service providers for our homeless in need. Justification The proposed administrative staffing personnel changes would include the addition of the following positions: Management Analyst, Part-time Office Assistant (24 hours per week), a Patrol Operations Sergeant and a Management Assistant. In conjunction with these additions is the removal of the following positions: Administrative Assistant, Captain, and Administrative Secretary. These changes in personnel will result in an additional funding request of $20,489. In addition to these administrative staffing changes, it is proposed to add an additional Patrol Community Service Officer that will act as a Homeless Outreach Coordinator. The personnel cost for an additional Community Service Officer is $107,609. This in addition with the proposed administrative personnel changes would result in a total budget adjustment of $128,098. The table below provides a summary of proposed personnel changes: Figure 13: Proposed Police Department Reorganization Cost Proposed Personnel Changes Additions: Annual Salary Management Analyst 154,419 P/T Office Assistant @24 hrs/wk 28,686 Sergeant 199,046 Management Assistant 121,881 Sub Total 504,032 Deletions: Administrative Secretary 115,357 Office Assistant 100,526 Captain 267,660 10.E Packet Pg. 372 Sub Total 483,543 Total Additional Funding Required 20,489 Patrol CSO / Homeless Outreach Coordinator (Add) 107,609 Total Budget Adjustment with CSO 128,098 The addition of a Patrol Sergeant is meant to replace the current Professional Standards Captain position. This change would reduce total Police Captains from 4 to 3 and increase the number of Sergeants from 10 to 11. The responsibilities of the Professional Standards Captain will be re-assigned to the remaining 3 Captains, and the newly created Sergeant and Management Analyst positions. The new Sergeant position will be assigned lower level administrative duties re- assigned from the existing Captain positions while also providing additional patrol support. Currently several of the Patrol Sergeants are assigned ancillary administrative tasks that take away from their time in the field managing their patrol team and calls for service. This newly created Sergeant would assume those ancillary duties thereby freeing up Patrol Sergeants time to focus on their patrol staff and field related activities. The addition of a Management Analyst is part of a citywide effort to place a Management Analyst in every department. Management Analyst tasks typically include overseeing the formation and monitoring of department budgets with direction from department heads; creating staff reports, conducting research and analysis based on costs, personnel, and organizational effectiveness among other things. The Management Analysts in each department would establish a network through group meetings and collaborating on topics such as budgeting, performance management, and staff reports creating consistency among Departments. In the Police Department the Management Analyst would also be tasked with data collection/analysis. Data collection and analysis is a critical component to making informed decisions which is currently badly lacking in the Police Department. Providing a full time Analyst will allow for data extraction and analysis to support information based decision making and reporting. The current Administrative Secretary position is a unique position within the City, reporting directly to the Chief of Police. A classification of Management Assistant exists and those positions support different City Departments. Rather than have a position for just the Police Department which requires a special recruitment and testing this proposed change would bring consistency with other Departments in the City and 10.E Packet Pg. 373 maintain the technical competencies required for the position. The Administrative Secretary position is currently vacant and there is an active list for Management Assistant. This position could be filled almost immediately with a qualified candidate from the Management Assistant list. Adding the Management Analyst and Police Sergeant positions will allow for the reduction of a Police Captain and Administrative Assistant position. By aligning assigned tasks to these new positions and re-distributing the eliminated Captain’s responsibilities each remaining Captain would be able to focus on the higher level aspects of their respective divisions. Patrol Sergeants would have the ability to dedicate more time to their officers and front-line patrol operations. The addition of a Community Services Officer will be dedicated as a Homeless Service Coordinator. These duties will include making contact with homeless individuals and families either proactively or based on calls received. Once contact is made, the primary objective of this position is to develop rapport with the homeless population and refer them to local services intended to address their needs. This would include the phone numbers and locations to winter shelters, mental health treatment, substance abuse treatment, and other necessary services. Having this position will increase the amount of contact with the homeless population and increase the number who are given information and referred to services critical to their well-being and progress. The coordination of those services through a single position would help homeless individuals interested in receiving services have a single point of contact to help coordinate various service providers. Fiscal Impact Approval of these personnel changes would require a budget amendment to incur an additional $128,098 in personnel costs. These expenditures would add additional costs to the personnel accounts in the police patrol and police administration costs centers within general fund expenditures in future budget years. Current year salary cost savings would offset the additional costs proposed in this report for the current budget year. Next Steps If Council approves this budget amendment the Police Department will fill the approved positions. Currently the Police Department has a valid promotional list for Police Sergeant from which a new Acting Sergeant can be appointed. Upon resolution of an active Workers Compensation case this position would be ma de permanent. The vacant Administrative Secretary position would be filled with a Management Assistant position from the existing eligibility list. The Management Analyst position would be filled from the existing eligibility list. 10.E Packet Pg. 374 The Community Service Officer (Homeless Coordinator) position would be filled from the existing eligibility list. Community Development The Community Development Director is proposing to enhance efficiencies and customer service by the elimination of the part time office assistant position coupled with the addition of a full time Management Assistant. Justification The Department is involved in extensive complex, time-sensitive public review processes. If approved, the Management Assistant could assist staff with public noticing, staff report reviews, agenda preparation, distribution and minutes for the Historic Heritage Commission, Planning Commission, General Plan Advisory Committee, and Housing Advisory Committee, among others. Additional tasks appropriate for this position include coordination of quarterly Developer’s Roundtable meetings and involvement in Special Projects as requested by City Council. In addition, the creation of this position is consistent with findings and recommendations of the Community Development Organization Review. A Management Assistant position is needed in the Community Development Department to provide opportunities for succession planning in the Department. Such opportunities currently do not exist, as administrative support is provided by Office Assistants and a shared Management Analyst. A new Management Assistant position would provide an intermediary step between the Office Assistant and Management Analyst positions. As an entry level professional position, the Management Assistant would bridge the gap with the ability to provide high-level administrative support as well as working independently on analytic issues. If not approved, existing clerical support services will continue to be centralized and clerical staff’s time will be divided amongst competing deadlines and pressures. This model has proven to be ineffective, inefficient, and highly stressful, particularly for clerical staff required to meet State and local-mandated timelines related to public hearings and development processes. Why this has become a need The majority of the work conducted by the Community Development Department is dictated by Federal, State and local mandates, including timelines, notification requirements, and public hearing procedures. A key position in keeping th e department organized and compliant with State and local mandates is the clerical staff. With the sharp increase in development activity, it has become increasingly difficult to comply with these State and local mandates in an efficient and timely manner. Technical professional staff members, such as planners, housing assistants, building inspectors, and hazardous materials inspectors are primarily responsible for ensuring compliance 10.E Packet Pg. 375 with such mandates. However, their time is divided between these mandat es and other non-mandated (yet still time-sensitive) tasks. The Community Development Department is currently served by one part -time Office Assistant I, and two full-time Office Assistant II positions that are shared with Public Works. The current staffing is not adequate to accommodate the administrative needs of the departments. All three Office Assistants share the responsibility of answering telephones and greeting/directing customers for both departments. Additionally for both departments the Office Assistant positions provide plan scanning, credit card reconciliation, time sheets, ordering, meeting scheduling, and back up for street light outage reporting. For the Community Development Department, the part-time Office Assistant I processes all Special Event Permits and DRG (Development Review Group) applications. One full-time Office Assistant II is responsible for the day-to-day operations of the Planning Division as well as assembling agenda packets for two advisory commissions, attending meetings and preparing minutes for these commissions, and sending out legal notices. The other Office Assistant II is responsible for scheduling building inspection appointments, assisting the Building Division with issuing building permits and running reports, and responding to PRA (Public Records Act) requests. A Management Assistant would be better able to comply with the critical and time - sensitive deadlines of the Community Development Department including providing reminders to staff and customers of impending deadlines and assist with moving projects through the approval process. In addition, a Management Assistant can assist with other specific tasks, such as coordination with various City departments for agenda topics and discussions for the quarterly Developer’s Roundtable, providing legislative updates and research, and taking on Special Projects periodically requested by City Council. Such assistance by a Management Assistant is important as it would allow technical professional staff (e.g. planners) to focus on review and processing of development applications and other timely assignments. The Fire Marshal’s Office is also in need of administrative assistance for various tasks including reporting for the CUPA (Certified Unified Program Agencies) Program. However, limited staffing has resulted in the Fire Marshal having to complete much of his own administrative work causing delays in invoicing and response to audit findings for the CUPA and Pre-treatment programs. In the past, the Department’s part-time Office Assistant position experienced high turn- over and, most recently, had been vacant for more than a year. Due to the improved economy and job market, this part-time position was difficult to fill due to the lack of interest by qualified applicants. By creating the new position, an opportunity for succession and future advancement is available for the Department’s office administrative staff. This, in turn, can enhance employee loyalty, and enhance longevity of the Department’s development team as a whole. Also, with the new position, the 10.E Packet Pg. 376 existing Office Assistants can assume responsibility for all the administrative tasks of the Community Development Department, including the Fire Marshal’s Office. This would allow technical professionals the ability to focus on professional-level work, and there would also be improved coverage at the front counter to assist customers. Fiscal Impact The elimination of the 25 hour per week part time office assistant would save $29,387 per year. Assuming a mid-range salary entry a full time Management Assistant the additional funding request is $92,494 when the above savings is considered. Funding would come from General Fund cost centers that receive fees collected for planning, building and fire prevention services. Figure 14: Community Development Management Assistant Proposal Cost Action Type Classification Salary Benefits Total Add FT Management Assistant 76,966$ 44,915$ 121,881$ Eliminate PT Office Assistant (28,600)$ (787)$ (29,387)$ Cost Change 48,366$ 44,128$ 92,494$ Public Works The Public Works Director is requesting to convert a part-time Office Assistant position into a full-time Management Assistant position in the Operations Division within Public Works. Justification The Management Assistant position would be responsible for handling higher level administrative work as well as informal oversight of administrative functions with the Operations division. In addition, this full time position will be critical in having a constant presence at the front/reception area of the Corporation Yard and provide continuous clerical and administrative support to the five sections within the division. There will be an additional 15 hours of administrate coverage each week. This person will also assist in the implementation of new programs and coordinating various cross sectional and divisional responsibilities. By having constant staffing at the front counter in the Corporation Yard, there will be more efficiency in completing tasks and providing assistance. Recent recruitment efforts for he part time Office Assistant position at the Corporation Yard has shown that it is not only difficult to attract qualified people to part time and/or limited term positions, but it is also inefficient because a lot of time is wasted in recruitment, vetting and training people who will eventually transition into a full time position in the City or elsewhere. By converting the part time Office Assistan t position into a full time Management Assistant position, the likelihood of the difficult and repetitive recruitments are reduced. 10.E Packet Pg. 377 Fiscal Impact The cost of the Management Assistant position is reduced through the savings of eliminating the part-time Office Assistant position. The total fiscal impact is $77,547. Figure 15: Public Works Management Assistant Proposal Cost Action Type Classification Salary Benefits Total Add FT Management Assistant 76,966$ 44,915$ 121,881$ Eliminate PT Office Assistant (43,147)$ (1,187)$ (44,334)$ Cost Change 33,819$ 43,728$ 77,547$ Recreation The Recreation Director is requesting to convert two part-time Recreation Specialists into full-time Recreation Specialists, amend the duties of the position in the position classification, and amend the salary schedule relative to this position. Justification The Recreation Specialists will be trained by Recreation/Community Coordinators to be able to facilitate and execute the responsibilities of a Coordinator. When a Coordinator is not present at a facility or at a program, a Specialist will have the ability to take the lead role and be able to manage. Examples of what a Coordinator can train and prepare Specialist to do include the following: Handle situations where a program, customer, or facility resolution is urgently needed Manage staffing concerns, facility issues, budgeting and program assessments Specialists can shadow Coordinators at Department and external agency meetings or special events Provide the Specialist with program budget knowledge and insight This training will better prepare Specialists for if or when a Coordinator vacates their position. Currently, the Coordinators are wearing multiple hats, often doing duties that a lower level position is expected to do. However, since the Department has experienced steady part-time staff shortages, the Coordinator is often playing the role of Recreation Specialist while trying to complete their own day-to-day responsibilities. For example, instead of the Senior Center Coordinator attending a Santa Clara County- led meeting on aging or researching and writing grants to expand senior programming, the Coordinator is often forced to serve as an attendant at the lobby front desk or manage a dispute among participants while trying to stay afloat with their own duties. 10.E Packet Pg. 378 In Youth Services, the Coordinator is in a similar situation. She is often playing the role of a Gilroy Youth Center Recreation Leader or filling in at Late Night Gym. As a result, she is either not able to focus on expanding the programming opportunities or is forced to work overtime. By having a full-time Specialist oversee the day-to-day operations at the Youth Center, San Ysidro Center or fill in on evening or weekend special events or community affairs, it will greatly alleviate the strain on the Coordinator’s time. By allowing the Coordinator to focus on improving their facility’s programs and operations and not be bogged down with responsibilities that are urgent, but could easily be delegated to a lower level staff position, the City will be able to provide a higher level of service to residents. As the case with all of our department’s part-time positions, the current part-time Recreation Specialist position has experienced challenges during the recruitment process. The recruitment of the Specialist position for the Youth Center has been trying. Due to an insufficient amount of qualified applicants, there have been two rou nds of recruitment (instead of the standard one round) for this position. After two recruitment rounds, there were only two applicants who met the position qualifications. However, when staff screened applicants, only one was justifiably prepared to step into the position based on their recent work experience. When the candidate was contacted to schedule an interview, she withdrew because after some consideration, citing that the hours and pay were not aligned with her current needs. Another reason why there is a lack of applicants is due to the current requirements for this position. Many of our own internal staff, who have demonstrated they are proven leaders, were unable to apply for this position because they did not meet either the experience or, in most cases, the education qualifications. This past fall when staff recruited for a Specialist for the Cultural Arts program, there were a limited number of applications and only two applicants were interviewed. There were applicants who expressed interest, but did not meet the qualifications to pass the screening process. Lastly, this current position is part-time and non-benefited, which also deters applicants who have degrees from applying. At the Senior Center, the former part-time Recreation Specialist recently gave her notice because she had obtained a full-time position with benefits at another public agency. She had expressed to her supervisor that she wanted to stay in her current position and enjoyed working for the City, but needed more hours of work and benefits. Proposed Changes to the Recreation Specialist Job Description Recreation staff is proposing the following changes to the current Recreation Specialist position. (Bold explains the change.) Job Duties 10.E Packet Pg. 379 a. Assist Recreation Coordinator and/or Recreation Supervisor in the facilitation of special events such as the Kids-Triathlon, Breakfast with Santa and/or National Night Out. (updated listed types of events) b. Recruit program participants and volunteers (no mention of volunteers in current job description) c. Complete and submit incident and accident report (was not mentioned in current job description) d. Schedule and lead part-time staff meetings and/or training on a regular basis (updated as there was no mention of leading part-time staff meetings) e. Computer skills and use of Microsoft Office software products and work scheduling software. (updated as there was no mention of When 2 Work) f. Meeting procedures necessary to provide staff support to a Board, Commission, Committee or Task Force. (position will not be providing support to Commissions) g. Typical office and field environments include the following (eliminated typewriter, fax machine, VCR; added online streaming equipment, WiFi access, DVD, printer and scanner): h. Hazards (updated list: no VCR, overhead projector, etc.) Job Qualifications Education & Experience– a. Currently, the position requires the following: i. Either a Bachelor’s degree and one year of full-time or two years of part- time experience “providing recreation services and coordinating programs similar to those found in a full-service municipal recreation department, or ii. An Associate’s degree and combination of full-time or part-time related recreation work experience equivalent to two years of full-time or four years of part-time experience b. To expand the current applicant pool so the Recreation Department can attract a higher volume of enthusiastic and high performing individuals, staff recommends the following: i. High school diploma or equivalent and two semesters (24 units) or three quarters (36 units) from an accredited college or university ii. And twenty-four months of paid experience working in a recreation program-type setting and one year in a paid leadership role 10.E Packet Pg. 380 Fiscal Impact The conversion of the two part-time Recreation Specialists into two new full-time Recreation Specialists will cost $155,094, and will be paid out of the Recreation Special Revenue Fund. Figure 16: Recreation Specialist Proposal Cost Action Type Classification Salary Benefits Total Add FT Recreation Specialist 76,966$ 44,915$ 121,881$ Add FT Recreation Specialist 76,966$ 44,915$ 121,881$ Eliminate PT Recreation Specialist (26,143)$ (720)$ (44,334)$ Eliminate PT Recreation Specialist (26,780)$ (737)$ (27,517)$ Cost Change 101,009$ 88,373$ 171,911$ Gilroy Center for the Arts Improvements At the May 21st regular City Council Meeting, Council received a presentation from staff and a contracted architectural consultant regarding the changes proposed for the Gilroy Center for the Arts remodel and potential expansion project. Two options were presented, one with an expansion to the building, and one without. Council requested that staff bring back as part of the mid-cycle budget discussions the version of the proposal with the extension, Version 2, for consideration. The cost estimate presented for this version of the project was $2,928,502.95. The funding source staff is proposing is the Public Facilities Impact Fee Fund (Public Facilities Fund). Currently, the fund has a debt for the purchase of the Gilroy Ga rdens and is making payments per the payment schedule to other special revenue funds that loaned the money. This fund also pays on two bonds. In total, approximately $4 million is committed to debt service in some form. On average, the fund is anticipated to receive $6 million per year, with this amount varying each year, based on which development projects are undertaken and the amount of payments charged for this impact fund. Staff is proposing that, should Council direct staff to pursue the development of this project, that the General Fund loan the Public Facilities Fund approximately $3 million with a note payable back to the General Fund. Any payment plan that funds this amount would be subject to revenues being received. If such revenues are insufficient to make the full payments, this would result in more interest being paid to the General Fund over the term of the loan. Should Council direct staff to pursue this option, staff would then draft and bring back to Council a future agenda item for the interfund loan to be properly executed. This loan would then be placed in fourth position, subordinate behind the two bonds in first and second positions, then the existing Gilroy Gardens interfund loan in third position. 10.E Packet Pg. 381 Commissioner Training At the same May 21 regular meeting of the City Council, staff presented follow-up information pertaining to the training requests of the commissions that participated in the first phase of the assessment report of the City’s boards and commissions. The four participating advisory bodies had requested a combined $31,770. Averaged among the four and multiplied by all fifteen boards and commissions, the training request of the boards and commissions would be approximately $120,000. At this time, there are no budgeted funds for commission and board member training outside of internally provided training. Council requested that this item be brought back as part of the mid - cycle process for Council consideration. These costs would be paid from the City’s General Fund. Employee Assistance Program The City has received notice from the City’s Employee Assistance Program/Concern program that it is being utilized at such a high level that the vendor is raising the fees 200%. The current FY 19 budget amount is $20,000. Staff is requ esting an increase of $30,000 to bring the total up to $50,000 for this program. This would be paid out of the General Fund. Speed Zone Study The Public Works Department has requested to use additional funding from Gas Tax to expand the speed zone survey line item from $35,000 to $50,000 for FY 19. This will provide a citywide speed zone analyses on all City streets with speed limits in excess of 25 miles per hour. This will help inform and address traffic management issues and the traffic management program. Increase Police Officer Authorized positions by 1 to a Total of 44 This request does not have a budget implication for the FY 19 budget. Staff is requesting to increase the authorized positions for the Police Department, relating to Police Officer positions, by 1, bringing the total from 43 to 44 authorized Police Officers. Council had previously approved the positions, but the position count did not reflect it in the authorized position list. This request is to simply have the authorized position list reflect the previous Council action. Convert Limited Term HR Analyst to a Permanent HR Analyst Position In the FY 18 and FY 19 budget process, the City Council approved upgrading a part- time Human Resources Analyst position (25 hours per week) to a full-time limited term position budgeted through June 30, 2019. A candidate who was willing to take a chance on a two year position to work locally was hired. Since that time, the other full - time Human Resources Analyst left for another position necessitating th e hiring of another Human Resources Analyst to fill the vacancy. There was a candidate from the 10.E Packet Pg. 382 prior eligibility list who was selected to fill the remaining portion of the limited term position (May, 2018 – June, 2019). Given the work load indicators, primarily the continuous number of recruitments needing completion and projected recruitment needs, staff is requesting that the limited term designation for this position be changed to regular status in an effort to retain the staff recently hired and to avoid the position turning over again before June 30, 2019. Designating the position as regular status in the FY 19 budget will provide an indicator (not a guarantee) that the position will continue to be included in future budgets. The FY 19 budget already contains the costs for this position, so this change does not present the need for an appropriations amendment for the upcoming fiscal year. HR Recruitment Costs ($35,000) As discussed earlier in this report, the Human Resources Department has been seei ng an increase in recruitments for positions with the City. This has resulted in a higher cost that was originally contemplated for FY 19. Staff is requesting a budget amendment be made to increase the Human Resources recruitment costs appropriations by $3 5,000, bringing the total budget for recruitment costs to $100,000 from $65,000. Community Engagement Manager Position Compensation The Administration Department includes the Public Information/Community Engagement Office. With the retirement of the Public Information Officer, staff is proceeding to revise the classification to match more current trends in public information and community engagement. Staff is seeking to convert the former position into a Community Engagement Manager. In surveying comparison cities regarding compensation, the City’s current salary schedule for this position is noticeably on the very low end of the spectrum. The cost of this increase is $49,110 from the General Fund. Figure 17: Community Engagement Manager Compensation Proposal Cost Type Classification Salary Benefits Total FT Community Engagement Manager 141,816$ 61,713$ 203,529$ FT Public Information Officer (102,840)$ (51,579)$ (154,419)$ Cost Change 38,976$ 10,134$ 49,110$ Building Scanning Project The City Clerk’s Office is requesting funding to hire a specialized firm to scan building division files in Community Development into Laserfiche, the City’s electronic document retention system. The estimated cost is just under $100,000, based on quotes received. Staff is requesting that the FY 19 budget be amended to include these costs. The funding would come from the City’s General Fund. To attempt to do this scanning internally would take a few years with a single office assistant dedicated solely to 10.E Packet Pg. 383 working on it. By contracting the work out, the project can be completed faster, and preserve operational capacity of one of our administrative staff positions. Local Streets and Roads Program Gap Funding Public Works is requesting $100,000 from the Vehicle Registration Fund for additional maintenance work in FY 19 from the Local Streets and Roads Program. The Council initially appropriated one-time funding to procure equipment and supplies to conduct road maintenance throughout the City, according to set parameters, in conjunction with other one-time funding for other street repair initiatives. The initial funding has been exhausted, and addition funding for materials and supplies are needed to cont inue providing this program and utilizing the equipment that the City has invested in with Council’s leadership. Through this requested continual investment, the pavement condition index for the City will be better preserved, and reduce the future need for road rehabilitations. Cost of All Listed Amendments Attached to this staff report is a table that summarizes the amounts of amendments being requested, and the recommended distribution towards the General Fund and other funds of the City. Those amendments highlighted in green are recommended to be approved, while those without coloration applied do not carry a staff recommendation for or against. 10-Year Forecast with Amendments The total General Fund contribution above of $901,624 is comprised of a $100,000 one- time expense, and $801,624 in ongoing costs. These costs have been entered into the 2018 Model, and the results are depicted in Figure 18 below. In all, the proposed amendments increased the rate of General Fund use, resulting in the 2027 General Fund balance being decreased by approximately $9.7 million, from $18.9 million to $9.2 million. Figure 18: 10-Year Financial Forecast with All Proposals 10.E Packet Pg. 384 ALTERNATIVES Council may approve, modify, or reject the proposed amendments th at staff is requesting. However, some of these requests are resulting from outside vendor charges, and the City will have to pay for the services, namely the Employee Assistance Program. Others if not approved would lose the enhancement potential to operat ions as discussed in the item descriptions. FISCAL IMPACT/FUNDING SOURCE For the recommended amendments requested by staff, the total is $4,282,329, with $901,496 coming from the City’s General Fund. The remaining amount after the General Fund contribution would be allocated to the various enterprise and special revenue funds in amounts as appropriate to the funding source. The recommended action, if approved by the City Council, would authorize the Finance Director to distribute the appropriations to their respective funding sources, based on the table provided as Figure 14 above. CONCLUSION The City is in good financial position overall. Citywide revenues are expected to be higher than budgeted, and expenditures below budgeted levels. While some revenues were not received in amounts projected, funds have been collected over time with other projects in sufficient amounts to keep the City’s projects moving forward, and the revenues for FY 19 are expected to perform to budget or in some cases higher. The City’s General Fund continues to perform better than budget projections, granting the City extra resources to be used providing services to the City’s residents. However, it is 10.E Packet Pg. 385 important to note that not all of the revenues gained are discretionary, and some mu st be used for only certain purposes. The expenditures have trended below the appropriation amounts authorized in FY 18, and have historically been below budgeted levels as a result of salary savings. This differential between the revenues and the expenditures provides resources to fund additional programs and services, such as those listed in the proposed amendments to the FY 19 adopted budget. These amendments provide, in general, enhanced operational capacity, efficiency, and increased customer service levels. NEXT STEPS If approved, staff will bring back to Council a resolution on the June 18th 2018 regular Council meeting consent calendar directing the amendments be made. Staff will then process the approved changes to the City’s FY 19 adopted budget. Attachments: 1. Summary of Proposed Amendment Costs 2. Proposed IT Department Organizational Chart 3. Community Development Proposal Organization Chart 4. Police Department Proposal Organizational Chart 5. Recreation Proposal Organizational Chart 10.E Packet Pg. 386 Proposed Amendment Costs - FY 2019 Amendment General Fund Public Facilities Fund1 Water/ Sewer Funds Fleet/ Facilities Recreation Fund Transportation Funds Other IT Fund Allocations Total Amount Reorganizations 567,386$ -$ 23,264$ 46,528$ 171,911$ -$ 95,627$ 904,716$ Police 128,098$ -$ -$ -$ -$ -$ -$ 128,098$ Community Development 92,494$ -$ -$ -$ -$ -$ -$ 92,494$ Public Works 7,755$ -$ 23,264$ 46,528$ -$ -$ -$ 77,547$ Recreation -$ -$ -$ -$ 171,911$ -$ -$ 171,911$ IT 339,039$ -$ -$ -$ -$ -$ 95,627$ 434,666$ Employee Assistance Program 30,000$ -$ -$ -$ -$ -$ -$ 30,000$ Speed Zone Study -$ -$ -$ -$ -$ 15,000$ -$ 15,000$ Gilroy Center for the Arts Remodel/Expansion -$ 2,928,503$ -$ -$ -$ -$ -$ 2,928,503$ Commissioner Training 120,000$ -$ -$ -$ -$ -$ -$ 120,000$ HR Recruitment Costs 35,000$ -$ -$ -$ -$ -$ -$ 35,000$ Community Engagement Manager Compensation 49,110$ -$ -$ -$ -$ -$ -$ 49,110$ Building Scanning Project 100,000$ -$ -$ -$ -$ -$ -$ 100,000$ Police Officer FTE Increase by 1.0 -$ -$ -$ -$ -$ -$ -$ -$ Local Streets and Roads Program Gap Funding -$ -$ -$ -$ 100,000$ -$ 100,000$ Convert Limited Term HR Analyst to Regular HR Analyst -$ -$ -$ -$ -$ -$ -$ -$ Total Budget Amendments 901,496$ 2,928,503$ 23,264$ 46,528$ 171,911$ 115,000$ 95,627$ 4,282,329$ 1)Assuming loan from the General Fund =Staff recommendation for Council approval 10.E.a Packet Pg. 387 Attachment: Summary of Proposed Amendment Costs (1676 : FY 2019 Mid-Cycle Amendments) Updated: 5/2018 IT DIRECTOR INFORMATION TECHNOLOGY (IT) DEPARTMENT Manages public safety mission critical sys- tems Administers server and storage environ- ment citywide Frontline support for public safety devices and technology IT NETWORK ADMINISTRATOR PUBLIC SAFETY SYSTEMS ADMINISTRATOR Configure and admin- ister city data com- munications network and equipment Manage and monitor network and system security Administer network based VOIP phone system IT APPLICATIONS ANALYST Administers and sup- ports citywide soft- ware applications Database Management Develops Website and Intranet systems IT project manager for all software related projects Frontline support for Information Te chnology Maintains Helpdesk System Deploy and support desktops and associ- ated software Ta blet and Smart Phone configuration IT TECHNICIAN I/II Mid-level administra- tion and support for citywide software ap- plications Server support and management Te chnology training coordination Define improved workflows IT SYSTEMS ANALYST 10.E.b Packet Pg. 388 Attachment: Proposed IT Department Organizational Chart (1676 : FY 2019 Mid-Cycle Amendments) Updated: 5/2018 COMMUNITY DEVELOPMENT DEPARTMENT (PROPOSED) MANAGEMENT ANALYST (1) SHARED WITH PUBLIC WORKS MANAGEMENT ASSISTANT (1 FTE PROPOSED) OFFICE ASSISTANTS II (2) SHARED WITH PUBLIC WORKS OFFICE ASSTANT I (1-PT) High Speed Rail Contracts RFP Preparation 801 Fund Reconciliation SMIP & BSASRF Reports Federal Award Expenditures CDBG Timeliness Invoice Processing Purchasing Budget Management Special Project & Legislative Analysis Greeter DIRECTOR COMMUNITY DEVELOPMENT 21.5 FTE inc. 2 VACANT, 3 PT ADMIN SUPPORT 10.E.c Packet Pg. 389 Attachment: Community Development Proposal Organization Chart (1676 : FY 2019 Mid-Cycle Amendments) Updated: 5/2018 CHIEF OF POLICE Scot Smithee POLICE DEPARTMENT (PROPOSED) ADMIN. MANAGEMENT ASSISTANT (PROPOSED 1 FTE) ADMIN. MANAGEMENT ANALYST (PROPOSED 1 FTE) Data/Statistical Analysis Staff Reports Purchase Orders Bill Payment Budgetary Reports & Tracking Grant Management Contracts Payroll/Leave Balance Processing Maintain Personnel & Background Files New Employee Onboarding Maintain Department Rosters Scheduling of Conference Rooms Manage IA & CC and Citizen Concern Files Prepare Shift Change Work Schedule & Achieves Letters & Memos for Chief’s Signature Recorder for Boards Hosted at PD Parking Permits Maintain PD Petty Cash Box for Admin Of- fice Billing and Purchase Orders Reimbursements Back up for PD Training Processes Answer PD Admin Main Line (x310) Support to Command Staff & Department Supervisory Staff Meetings Agendas & Minutes Employee Appreciation Committee Meet- ings & Events Security Access System Management Key Inventory & Management Department File Maintenance Badge Management/Orders—Oaths of Of- fice Locker Assignment/Management Workers Comp Paperwork Process Property Damage Report Processing Exposure Reports Coordinate/Plan Department Meetings/ Ceremonies I.D. Cards OFFICE ASSISTANT (PROPOSED 0.5 FTE) OFFICE ASSISTANT II (1 FTE) Prepare Dept. Credit Cards In- formation Procurement Payment Requests and Pur- chase Orders Permit Process Shipment Verification Filing Backup PD Admin Main Line (x310) Citizen Survey Quarterly Re- sults Copy Training Materials and Resources Customer Service Backup PD Admin Main Line (x310) Mail Distribution Process TRFs Data Entry Maintain POST Excel Spreadsheet Attend Monthly SCCATO Meetings Recorder for Monthly Corporal Meetings Maintain Dept. Credit Cards & Process Monthly Statements Training Duties Petty Cash Box CPT & PSP Compliance TBW Planning, Scheduling, and Reporting POST Admin Duties Maintain FTO Manuals Backup to Admin Secretary Backup to Command Staff Manage Copier Toner New Hire Orientations Manage Dept. Pool Vehicle Schedule Outside Trainers -Site and Class Prep/ Scheduling 10.E.d Packet Pg. 390 Attachment: Police Department Proposal Organizational Chart (1676 : FY 2019 Mid-Cycle Amendments) Updated: 5/2018 RECREATION DEPARTMENT (PROPOSED) RECREATION DIRECTOR (1 FTE) RECREATION COORDINATORS (4 FTE) RECREATION SPECIALIST (2 FTE) (PROPOSED) Grant Writing Community Outreach & Marketing Program Development P/T Staff Management Evening and Weekend Activities 10.E.e Packet Pg. 391 Attachment: Recreation Proposal Organizational Chart (1676 : FY 2019 Mid-Cycle Amendments) City of Gilroy STAFF REPORT Agenda Item Title: Public Safety Messaging Community Engagement Plan Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Rachelle Bedell Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Receive report. EXECUTIVE SUMMARY Consistent with Council’s goal of further developing the City’s community engagement strategies, staff has developed a Public Safety Messaging Community Engagement Plan. The goal of the Plan is to receive accurate reporting of local crime and quality of life issues. This will allow the Gilroy Police Department to better identify emerging issues, connect related criminal activity, adjust current policing and plan for the future. BACKGROUND A team of four staff members recently participated in a TIERS (Think, Initiate, Engage, Review and Shift) Public Engagement Learning Lab conducted by the Institute for Local Government. This two day training included a step-by-step framework for: effectively engaging residents including immigrant communities; 11.A Packet Pg. 392 applying the TIERS process to a specific engagement project as chosen by our staff; discussing strategies for overcoming barriers and challenges; and, connecting with peers to share ideas and support. The TIERS Framework includes a five step process for effective engagement: think, initiate, engage, review, and shift. This process encourages staff to thoughtfully consider all sides of the engagement process across departments to ensure a well thought out strategy. In preparation for this training, staff selected the Public Safety Messaging Campaign as the topic of focus throughout the training. Based upon that project, staff assembled a team that consisted of representatives from the Police Department, Recreation Department, Public Information Office and the City Administrator’s O ffice. BACKGROUND ON THE ISSUE The primary role and mission of the Gilroy Police Department is to protect the safety of our diverse community. Recently the City has seen a marked increase in both crime and public safety complaints. The City of Gilroy is committed to both reducing criminal activity and connecting people in need with local resources that can help. While being homeless is not illegal, some kinds of public conduct are illegal and should be reported to the Gilroy Police Department. In order to balance these priorities, staff feels that there is a need to encourage business owners and residents to report illegal conduct so that the City can better enforce the law, adjust current policing, and plan for the future. In addition, with anti-immigration rhetoric at the national level we are concerned that some residents may feel unsafe and believe that local government may report them based on their immigration status. Due to this belief, staff is concerned that immigrant populations may not be reporting criminal activity. Staff feels that there is a need to educate the Latino, Spanish speaking community on the role of the Gilroy Police Department and encourage them to report criminal activity. STRATEGY With this background in mind, the team developed the following objectives to guide the project: Educate the community on what crimes to report; Educate the community on how to report crimes; and, Provide updates to the community on increased reporting. In preparing outreach to the Latino, Spanish speaking community, the importance of the need to first build trust with the community prior to educating them on reporting crimes was recognized. Due to this need, staff added an additional objective of: 11.A Packet Pg. 393 Educate the Latino, Spanish speaking community on the role of the City of Gilroy Police Department. Based on these objectives and much discussion, the team developed two separate Community Engagement Plans: 1. Focus on increasing the reporting of crime and quality of life issues by business owners and residents to allow the Gilroy Police Department to identify emerging issues, connect related criminal activity, and adjust current policing and plan for the future. 2. Focus on first building trust with the Latino, Spanish speaking community and then increasing the reporting of crime and quality of life issues. The two community engagement plans include details for development and translation of outreach materials, identification of stake holders, plans for pre -meetings, “Meetings Where They Are”, one-on-ones with key stakeholders, website postings, social media postings, specialized Coffee With a Cop events, development of a public service announcement with the help of the Community Media Access Partnership, specialized information at Party at the Park and National Night Out events and messaging updates. FISCAL IMPACT/FUNDING SOURCE The total budget for this project is approximately $3,000 and can be absorbed in the FY 17-18 adopted budget. Expenditures include marketing materials and the cost of staffing the outreach efforts with the assistance of Community Service Officers. CONCLUSION Through these efforts staff anticipates to not only assist the Gilroy Police Department in their efforts to serve and protect the community, but to also build and strengthen relationships between the City and the community as a whole. Attachments: 1. Public Safety Community Engagement Project Plan for businesses and general residents 0518 OCR 2. Public Safety Community Engagement Project Plan for immigrant community 0518 OCR 3. Combined Flyers with OCR 4. Proposed Budget 11.A Packet Pg. 394 Community Engagement Project Plan PROJECT NAME: Public Safety Campaign: FOCUS ON BUSINESS COMMUNITY AND GENERAL RESIDENTS PROJECT INFORMATION Purpose of Project: Increase accurate reporting of crime and quality of life issues by business owners and residents to allow PD to identify emerging issues, connect related criminal activity, adjust current policing, and plan for the future. Background Information: Recently we have seen a marked increase in both crime and public safety complaints. Many of the public safety complaints involve homeless individuals. Complicating the issue is recent state legislation, though aimed at reducing prison populations and focusing on rehabilitation, has had the unintended consequence of putting more criminals on our streets and limiting our ability to keep frequent offenders off our streets. In light of these issues, the Mayor and City Council are focusing on solutions to protect the community’s quality of life while showing compassion to homeless individuals in need of assistance. Ideas discussed by Council include approving additional funding to increase policing, creating a “no tolerance” atmosphere for repeat offenders, soliciting state legislature for support and possible legislation change, providing resources to business owners for reporting issues, and continuing to look for solutions for helping those homeless individuals who need help. Project Team Members: Pedro Espinoza, Sandra Cruz, Robert Carrera, and Rachelle Bedell TIME FRAMES Approximately 12 months Proposed Project Start Date: 2018 Project Finish Date: TBD ENGAGEMENT STRATEGY Engagement Objectives: • Educate the community on what crimes to report • Educate the community on how to report crimes • Provide updates to the community on increased reporting Level of Engagement: 11.A.a Packet Pg. 395 Attachment: Public Safety Community Engagement Project Plan for businesses and general residents Inform Consult Involve Collaborate x x There will be a large educational component to this process. We will consult with key stakeholders prior to full roll out for feedback. We hope the community will respond to full roll out by reporting issues for accurate reporting. Stakeholders: Name Organization (if any) Email Address Phone Number Mailing Address Gary Walton Gilroy Downtown Business Association Mark Turner Chamber of Commerce Jane Howard Gilroy Welcome Center Costco Wal-Mart Target Outlets (Simon Management Group) Safeway Nob Hill Kohls Cardeñas Arteagas Smart and Final Grocery Outlet SuperSave Downtown Business Corridor 1st Street Business Corridor 10th Street Business Corridor Leavsley Business Corridor Action Plan: Engagement Activity Timing Responsibility Level of Target Group/Stakeholders /"-.. ~< /'\..., "-"' / "-' (' ...... ' I-. ' '" / ) " 1"-.......... ''V / V \ "-' \ \\ ....... '' \ '-'--' ' ~ ' ) " ' '\ / ~'\ //',.."""" ' ( \. \ / "-..} ' " l '1 \ ---' ' / ~ \ \ ~ ' ~ \\ ~ --.........., ,, "',._,, ' "" '' .._,/ ....... "\. \. '"' ~ " \ \ ' ,, \ \ Y) 11.A.a Packet Pg. 396 Attachment: Public Safety Community Engagement Project Plan for businesses and general residents Engagement/Purpose Planning Phase (1st Month) Development of Flyer for Homelessness Develop prior to March 15 Rachelle Development of Flyer for Theft & Burglary Develop prior to March 15 Rachelle Development of Facilitation Plan for in Person Meetings Pedro Should contain key message and talking points for in person meetings. Monthly Internal Meetings Rachelle Outreach Phase Council Report June Informational update in concert with PD homeless plan update Pre-Meetings with Mark Turner (Chamber), Gary Walton (GDBA) and Jane Howard (Welcome Center) Meet one-on-one to discuss planned outreach. Receive feedback and any concerns. Tuesday, April 10th (?) 8am Regular meeting with Gabe and Chamber Re-Group with Info from Pre- Meetings – update info/materials as needed Update materials and talking points based on feedback from one-on-one meetings. Write Article for GMH Today Rachelle Update Website with Updated Information Place information in Recreation Activity Guide, Email Express Recreation Activity Guide: Due to Judy by May 8th for July 18th distribution Email Express: May Social Media Outreach Based on Updated Information Meeting Where They’re At Encourage them to report issues. GDBA Board Meeting, Chamber Mixer One on One’s with Key Stakeholders Better understand the security issues they are facing, encourage them to report issues. Costco, Wal-mart, Target, Outlets (Simon Management Group), Safeway, Kohls, Nob Hill, Cardeñas, Arteagas, Smart and Final, Grocery Outlet, SuperSave One on One’s Throughout Business Corridors Better understand the security issues they are facing, encourage them to report issues. Downtown Businesses, 1st Street, 10th Street, Leavsley Messaging with update Messaging with update 11.A.a Packet Pg. 397 Attachment: Public Safety Community Engagement Project Plan for businesses and general residents Transparency: How will the process results from the outreach be used? Identify emerging issues, connect related criminal activity, adjust current policing and plan for the future. 11.A.a Packet Pg. 398 Attachment: Public Safety Community Engagement Project Plan for businesses and general residents Community Engagement Project Plan PROJECT NAME: Public Safety Campaign: FOCUS ON LATINO SPANISH SPEAKING COMMUNITY PROJECT INFORMATION Purpose of Project: Strengthen the relationship between the City and the Latino Spanish Speaking Community. Increase reporting of crime and quality of life issues by business owners and residents to allow PD to identify emerging issues, connect related criminal activity, adjust current policing and plan for the future. Background Information: Some members of our Latino Spanish Speaking Community believe that their own local government may target them based on their immigration status. Project Team Members: Pedro Espinoza, Sandra Cruz, Robert Carrera, and Rachelle Bedell TIME FRAMES Approximately 12 months Project Start Date: March 2018 Project Finish Date: TBD ENGAGEMENT STRATEGY Engagement Objectives: • Educate the Latino Spanish Speaking Community on the role of the Gilroy Police Department. • Educate the community on what crimes to report. • Educate the community on how to report crimes. • Provide updates to the community on increased reporting. Level of Engagement: Inform Consult Involve Collaborate x x There will be a large educational component to this process. We will consult with key stakeholders prior to full roll out for feedback. We hope the community will respond to full roll out by reporting issues for accurate reporting. 11.A.b Packet Pg. 399 Attachment: Public Safety Community Engagement Project Plan for immigrant community 0518 OCR Stakeholders: Name Organization (if any) Email Address Phone Number Mailing Address Mark Turner Latino Business Alliance Fr. Rubio or Rose Barry St. Mary’s and PACT Group Looking for liaison ELAC or Migrant Ed Michelle Wexler South County Collaborative Bernice Aguilera SCYTF Chief Smithee Homeless Task Force Chief Smithee Spanish Speaking Citizens Academy Chief Smithee Spanish Speaking Parenting Class? Sally Armendariz Action Plan: Engagement Activity Timing Responsibility Level of Engagement/Purpose Target Group/Stakeholders Planning Phase (1st Month) Translation of Immigrant Flyer into Spanish June Pedro Translation of Homeless and Theft Flyers into Spanish June Pedro Development of Facilitation Plan Pedro Should contain key message and talking points for in person meetings Development of Spanish Posters and Displays (Based off of Immigrant Flyer) for Visuals at Events Sandra Monthly Internal Meetings Outreach Phase Pre-Meetings with Jose Rubio (St. Mary’s), Tommy Larkin (Immigrant and Spanish Community Academy), and Mark Turner (Chamber) Meet one-on-one to discuss planned outreach. Receive feedback and any concerns. Re-Group with Info from Pre- Meetings – update info/materials as needed Update materials and talking points based on feedback from one-on-one meetings. Update Website with Updated 11.A.b Packet Pg. 400 Attachment: Public Safety Community Engagement Project Plan for immigrant community 0518 OCR Information Social Media Outreach Based on Updated Information Meeting Where They’re At Encourage reporting of crime. Alleviate fear of cooperation with PD. Latino Business Alliance, PACT Group, St. Mary’s After Meeting, ELAC or Migrant Ed, South County Collaborative, SCYTF, Homeless Task Force, Sally Armendariz Town Hall Encourage reporting of crime. Alleviate fear of cooperation with PD. Spanish Speaking Citizen Academy and Parent Group Coffee with a Cop and San Ysidro Park Pedro Prepare a short presentation followed by Q&A Place information with St. Mary’s Bulletin St. Mary’s Bulletin: coordinate with meeting time Party in the Park National Night Out Messaging with update Messaging with update Transparency: How will the process results from the outreach be used? Identify emerging issues, connect related criminal activity, adjust current policing and plan for the future. /) /A.~ / / ~~ ( ~~ ' /'-.. '"' // "-'--/ \".._" '' 11.A.b Packet Pg. 401 Attachment: Public Safety Community Engagement Project Plan for immigrant community 0518 OCR Guide for Dealing with in Our Community The City of Gilroy is committed to both reducing criminal activity and connecting people in need with local resources that can help. While being homeless is not illegal, some kinds of public conduct are, and should be reported to the Gilroy Police Department. We urge business owners and residents to report illegal conduct so that we can enforce the law, adjust current policing and plan for the future. HOMELESS ISSUES REPORT IT Types of Illegal Public Conduct that Should be Reported: CALL 911 For emergencies, life threatening instances or major crimes in progress: To report a crime which has already occurred or a nuisance please use the Gilroy PD non-emergency number:408-846-0350 If the crime is in progress, please stay around to sign the arrest form. Public Intoxication Loitering Prowling Littering Fighting Trespassing Agressive Panhandling Public Urinating/Defecating Camping or Sleeping in Parks Disturbing the Peace by Loud and Unreasonable Noises Obstructing Sidewalks Behaving in a Threatening Manner Response time to calls depends on the priority of the call, with threat to life being the highest priority followed by all other in-progress crimes. Reports of past crimes and incidents will be assigned to an ocer as they become available. 11.A.c Packet Pg. 402 Attachment: Combined Flyers with OCR (1626 : Public Safety Messaging Campaign) Avoiding Problems:Tips From the Gilroy Police Department for Avoid Confrontations and Maintain a Safe Distance Do Not Hand Out Food or Money Consider instead donating to local agencies that support the homeless. Do Not Permit Anyone to Camp or Loiter on Your Property Do Not Allow Storage of Shopping Carts, Bedding or Other Personal Belongings on Your Property Restrict Access to Sidewalk Overhangs, Alcoves, or Other Areas Protected from Inclement Weather Lock or Remove Handles from Water Spigots Secure Outside Storage Sheds or Containers Lock Trash Dumpsters Lock or Turn Off Exterior Power Outlets Keep Property Well-lit After Dark Trim Landscaping to Eliminate Hiding Places, Including Trimming Canopies of Mature Trees to at Least 8 Feet Above the Ground Authorize Gilroy Police Department to Enter Your Property to Investigate Suspicious Activity and to Arrest People who are Trespassing or Committing a Crime by Completing Authorization Form 602(o) PC AND Post NO TRESSPASSING signs stating that GPD is authorized to enforce violations for 602(o) PC. For More Details Contact: The Gilroy Police Department at 408-846-0310. ~------- ~------- ~~------ ~------- ~------- ~------- • ~----~ 11.A.c Packet Pg. 403 Attachment: Combined Flyers with OCR (1626 : Public Safety Messaging Campaign) Guide for Dealing with The City of Gilroy is committed to reducing criminal activity. We urge business owners and residents to report criminal conduct so that we can enforce the law, adjust current policing and plan for the future. Theft & Burglary REPORT IT Types of Conduct that Should be Reported: CALL 911 For emergencies, life threatening instances, carjackings or major crimes in progress: To report a crime which has already occurred or a nuisance please use the Gilroy PD non-emergency number: 408-846-0350 Stealing of Property Entering Property Illegally Suspicious Activity Prowling Door to Door Sales Person Not Showing Proper Identification. Door to Door Sales Persons are Required to Have City of Gilroy Permits.Suspicious/Unknown Vehicles to the Area Response time to calls depends on the priority of the call, with threat to life being the highest priority followed by all other in-progress crimes. Reports of past crimes and incidents will be assigned to an ocer as they become available. 11.A.c Packet Pg. 404 Attachment: Combined Flyers with OCR (1626 : Public Safety Messaging Campaign) Preventing Theft & Burglary:Tips From the Gilroy Police Department for Always secure your vehicle doors, windows, hood and trunk and take your vehicle keys with you. Never attach personal identification to your key chain such as a tag with your name or address. Do not leave valuables inside your vehicle, even if your car is locked. Take all valuables with you or keep them in the locked trunk compartment of the vehicle (cell phone, GPS, chargers, purses, briefcases, laptops, backpacks, etc.). Vehicle Security Secure all exterior doors including the garage before leaving home. If moving into a new home, replace the lock with a new lock and key. Avoid hiding keys around the exterior of the home. Instead, leave a spare key with a trusted neighbor. Secure all windows before leaving home with an auxiliary locking device. Sliding windows should be secured with anti-lift protection to prevent being lifted off the track. If leaving for an extended period of time, place lights on timers to give the illusion of someone being home. Consider calling the non-emergency police number to request vacation patrol checks for your home while you are away. Home Security Plan your business layout with surveillance, lighting and low displays. Keep visibility clear throughout the store and make it obvious that surveillance is present. Install surveillance cameras or mirrors to help employees see all areas of the store. Make sure the business is well lit, both inside and out. Keep display cases low to increase visibility throughout the store. Secure entrances including windows by using strong locks. Trim or remove tall bushes, trees and shubbery away from doors and windows. Consider installing a security system and registering it with Gilroy PD. Business Security 11.A.c Packet Pg. 405 Attachment: Combined Flyers with OCR (1626 : Public Safety Messaging Campaign) Immigrant Guide The primary role and mission of the Gilroy Police Department is to protect the safety of our diverse community. It is concerning that many of our residents feel unsafe in their own homes, jobs, schools and within their own neighborhoods. Much of this fear rises from the belief that their own local government may target them based on their immigration status. It is not the role of the Gilroy Police Department to enforce federal immigration laws. Their role is to serve and protect in a way that seeks to calm fear and build trust. Mutual trust and respect is the cornerstone of building a solid foundation for success, and our Police Department is committed to treating all of our residents with dignity regardless of status. for Dealing with Crime The Gilroy Police Department is Committed to: Serving and Protecting our Community Treating all Residents with Dignity Regardless of Status NOT Targeting Community Members Based on their Immigration Status Encouraging Victims and Witnesses to Report Crime Without Fear of Reprisal NOT Detaining or Arresting any Person on the Basis of the Person’s Citizenship or Status Under Civil Immigration Laws 11.A.c Packet Pg. 406 Attachment: Combined Flyers with OCR (1626 : Public Safety Messaging Campaign) The City of Gilroy is committed to reducing criminal activity. We urge business owners and residents to report criminal conduct so that we can enforce the law, adjust current policing and plan for the future. REPORT IT Types of Conduct that Should be Reported: CALL 911 For emergencies, life threatening instances, carjackings or major crimes in progress: To report a crime which has already occurred or a nuisance please call the Gilroy PD non-emergency number: 408-846-0350 Stealing of Property Entering Property Illegally Suspicious Activity Prowling Door to Door Sales Person Not Showing Proper Identification. Door to Door Sales Persons are Required to Have City of Gilroy Permits. Suspicious/Unknown Vehicles to the Area Public Intoxication Loitering Vandalism Littering Obstructing Sidewalks Behaving in a Threatening Manner Fighting Trespassing Agressive Panhandling Public Urinating/Defecating Camping or Sleeping in Parks Response time to calls depends on the priority of the call, with threat to life being the highest priority followed by all other in-progress crimes. Reports of past crimes and incidents will be assigned to an ocer as they become available. ~==================:::::; ~==================:::::; ~===================:::::; ~ ------------------~ ~=================~ ~==================::::::: .~-==-==-==-============: ~ ~=================~ ~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~---·--~ 11.A.c Packet Pg. 407 Attachment: Combined Flyers with OCR (1626 : Public Safety Messaging Campaign) Proposed Budget Community Engagement Project Plan for Public Safety Campaign To Include Both Focus on Business Community and General Residents and Latino Spanish Speaking Community Item Description Quantity Cost Vendor Use 4.25x5.5" Cardstock Flyers 16 pt dull cover with matt finish, full color both sides 5,000 250.00$ Gotprint.com Homeless Issues Flyer 4.25x5.5" Cardstock Flyers 17 pt dull cover with matt finish, full color both sides 5,000 250.00$ Gotprint.com Thefy & Burglary Flyer 4.25x5.5" Cardstock Flyers 18 pt dull cover with matt finish, full color both sides 5,000 250.00$ Gotprint.com Immigrant Flyer 23.5" x 83" Retractable Banner retractable banner with stand 1 $125.00 Gotprint.com Displayed for Latino Spanish Speaking Events 4x5.25" custom printed magnet 20 mil UV coated 1,000 600.00$ custom-magnets.com Custom printed magnets for local businesses Community Services Officer 3hrs-week/ months at $49.71 rate 24 hours $1,193.04 (approximate)Overtime for Outreach Food and paper goods for meetings donuts, coffee, napkins, etc 200.00$ Misc Items for Meetings (coffee, donuts, etc) Gas? Total:2,868.04$ 11.A.d Packet Pg. 408 Attachment: Proposed Budget (1626 : Public Safety Messaging Campaign) City of Gilroy STAFF REPORT Agenda Item Title: First Street Repair Communication Plan Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Rachelle Bedell Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Receive report. EXECUTIVE SUMMARY Continuing in our efforts to further develop the City’s community engagement strategies, staff has been working closely with TRC Solutions, the firm contracted to provide outreach and communication to our community regarding the utility improvement projects on First Street, to develop and implement a comprehensive engagement strategy to inform businesses, residents and local organizations of the upcoming work and possible impacts. BACKGROUND The City of Gilroy has initiated the First Street (Highway 152) Sewer and Water Line Improvements Project as part of an ongoing effort to improve our infrastructure. This is a priority project that will extend the life of the sewer system and increase water utility capacity along First Street. Upon completion of these projects, final repaving by Caltrans can begin. 11.B Packet Pg. 409 Through the coordinated efforts of the City of Gilroy Public Information Office and TRC Solutions we have developed a comprehensive communication strategy aimed to communicate with the community including residents, adjacent businesses, visitors and local schools regarding the upcoming work both prior to the start of work and throughout the project with information pertaining to construction schedules, possible impacts, and timely answers to questions and concerns. COMMUNICATION EFFORTS PRIOR TO START OF CONSTRUCTION Through the combined efforts of staff and TRC Solutions we have endeavored to inform all members of our community of the upcoming First Street projects. To date, our efforts have included: 1,250 Dear Neighbor Notices in English and Spanish mailed to all addresses along First Street, a 500 foot buffer of First Street, and to all business license owners along First Street. 12,000 Utility bill inserts in English and Spanish mailed with the May utility billing. 2,000 Electronic utility bill inserts in English and Spanish went out with the May electronic utility billing. “Construction Underway” banners hung along the fence at St. Mary Church and Brownell Middle School. The First Street project page on Your Voice has been published containing information on the project and contact information. A summary of the upcoming projects has been distributed through the Gilroy Email Express and posted to Facebook, Twitter and Nextdoor. A Project Help Line and email have been established to facilitate question and answer at 408-220-6025 and FirstStreetProjects@CityofGilroy.org. Businesses and residences along First Street have been canvassed by TRC Solutions consultants to discuss the projects and concerns of individual property owners. The Project Fact Sheet and Stay in Touch cards in English and Spanish were left at each location. Electronic Fact Streets in English and Spanish have been provided to St. Mary’s Church and School and to the Gilroy Unified School District for distribution to their communities at their discretion. One on one meetings have been held with the Gilroy Chamber of Commerce and the Gilroy Welcome Center. ONGOING COMMUNICATION EFFORTS As the project begins and continues to progress, we anticipate that questions and concerns will arise that will need to be addressed. We also anticipate the need to 11.B Packet Pg. 410 inform our community with updated construction schedules and project information. We have established the following methods for addressing these ongoing needs: As construction schedules are set and work begins, we plan to communicate informative updates through the set communication channels to include Your Voice, Gilroy Email Express, FB and Twitter. In an effort to provide updates to the Latino community, we plan to create Spanish Facebook posts that will be “boosted” to a targeted community. We are compiling an email list of those who wish to receive First Street project updates via email. Email addresses of interested businesses owners were collected during canvassing. Community members can sign up for this email list through the First Street Your Voice project page. TRC Solutions will work closely with business owners with regards to notifications and mitigation of concerns where possible with regards to water shut offs and blocked driveway access. We plan to hold a public information meeting prior to the start of the water line rehabilitation project to inform and answer questions of businesses and residents regarding the project. We plan to meet with representatives from the Gilroy Unified School District prior to the start of the 2018-2019 school year. Informational ads will be run in the Dispatch as we get closer to the water line repair. CONCLUSION Construction, by nature, is disruptive to a community. T hrough our communication efforts, we hope to assist our community in successfully weathering the First Street Utility construction projects through timely information and response to questions and concerns. Attachments: 1. Dear Neighbor Notice OCR 2. Fact Sheet OCR 3. Utility Bill Insert OCR 11.B Packet Pg. 411 cityofgilroy.org 408.220.6025 @cityofgilroy @cityofgilroy and @gilroypw City of Gilroy, 7351 Rosanna Street, Gilroy, CA 95020 INFRASTRUCTURE IMPROVEMENTS ALONG FIRST STREET SEWER: ANTICIPATED MAY 2018 – AUGUST 2018 WATER LINE: ANTICIPATED MID-SUMMER 2018- SUMMER 2019 Dear Neighbor, As part of the City’s ongoing program to improve our infrastructure, First Street (Highway 152) is scheduled for sewer and water line improvements. These improvements are anticipated to begin Spring of 2018 and continue through Summer of 2019. During construction, lanes will be reduced on First Street and motorists should expect delays. Please allow extra time in your travel schedule, slow down and observe traffic control and advisory signs. The City is committed to completing this work quickly, efficiently and safely. We appreciate your patience and understanding. Following completion of the City’s sewer and water line improvements, Caltrans will proceed with a Pavement Improvement Project along First Street, from west of Santa Teresa Boulevard to Route 101. If you have any questions or comments please contact Christine Salmo, project manager, via email at Christine.Salmo@CityofGilroy.org, or call our construction helpline at (408) 220-6025. The project will rehabilitate approximately 3,000 feet of sewer main along First Street between Monterey Street and Wayland Lane. Construction will be limited to the inside northbound lane. This project includes the installation of a larger capacity, more reliable water pipe along First Street between Monterey Road to Santa Teresa Boulevard. There will be temporary periodic water service disruptions to adjacent property owners during construction and driveway access may be temporarily impacted for those who only have one driveway. Notices will be sent to property owners in advance of these impacts. During construction, one lane in each direction will be open to through traffic. DISCLAIMER: Due to the dynamic nature of construction, please note that all dates and times are subject to change due to unforeseen operational factors or inclement weather. NOTICE 0 0 11.B.a Packet Pg. 412 Attachment: Dear Neighbor Notice OCR (1727 : First Street Repair Communication Plan) cityofgilroy.org 408.220.6025 @cityofgilroy @cityofgilroy and @gilroypw MEJORAS DE LA INFRAESTRUCTURA A LO LARGO DE FIRST STREET ALCANTARILLA: ANTICIPADO PARA MAYO DE 2018 - AGOSTO 2018 AGUA: ANTICIPADO PARA MEDIADOS DEL VERANO DE 2018 - VERANO 2019 Estimado vecino: Como parte del programa continuo de Gilroy para mejorar nuestra infraestructura, se han programado trabajos de mejoras de las líneas de alcantarillado y agua en First Street (Highway 152). El comienzo de los proyectos se ha programado para la Primavera de 2018 y continuarán hasta el Verano del 2019. Durante la construcción, se reducirán los carriles en First Street y los automovilistas deben esperar demoras. Planifique usar tiempo extra para sus viajes, vaya despacio y observe el control del tráfico y los avisos de advertencia. La ciudad está comprometida a finalizar este trabajo rapida y eficiente mente de manera segura. Apreciamos su paciencia y comprensión. Después de la finalización de las mejoras de la línea de alcantarillado y agua de la Ciudad, Caltrans procederá con un Proyecto de Mejoras de Pavimentación a lo largo de First Street, del oeste de Santa Teresa Boulevard a la Route 101. Para más información sobre estos proyectos, por favor comuníquese con Christine Salmo, Administradora del Proyecto a través de correo electrónico a Christine.Salmo@cityofgilroy. org o llame a nuestra línea de ayuda de construcción al (408) 220-6025. El proyecto rehabilitará aproximadamente 3,000 pies de alcantarillado a lo largo de First Street, entre Monterey Road y Wayland Lane. La construcción estará limitada al carril interno hacia el norte. El trabajo está programado para empezar en Mayo del 2018 con una fecha de finalización anticipada para Agosto de 2018. Este proyecto incluye la instalación de una tubería de mayor capacidad y más confiable a lo largo de First Street entre Monterey Road a Santa Teresa Boulevard. Habrá interrupciones temporales del servicio de agua a los propietarios adyacentes durante la construcción y el acceso a la entrada puede verse afectado temporalmente por aquellos que solo tienen una entrada. Se enviarán avisos a los propietarios antes de estos impactos. Durante la construcción, solo con un carril en cada dirección estará abierto a través del tráfico. *Exención de Responsabilidad: Debido a la naturaleza dinámica de la construcción, por favor tenga en cuenta que las fechas están sujetas a cambios debido a factores operativos imprevistos o inclemencias del tiempo. NOTIFICACION City of Gilroy, 7351 Rosanna Street, Gilroy, CA 95020 0 0 11.B.a Packet Pg. 413 Attachment: Dear Neighbor Notice OCR (1727 : First Street Repair Communication Plan) PROJECT OVERVIEW WHAT TO EXPECT KNOW BEFORE YOU GO As part of an ongoing effort to improve our infrastructure, the City of Gilroy has initiated the First Street (Highway 152) Sewer and Water Line Improvements Project. This is a priority project that will extend the life of the sewer system and increase water utility capacity along First Street. Limits of the sewer improvements along First Street are between Monterey Road and Wayland Lane. Limits of the First Street water line construction work will be between Monterey Road and Santa Teresa Boulevard. SCOPE OF WORK Rehabilitation of the aging sewer, including 11 manholes, the construction of new water mains, valves, fire service laterals and fire hydrants. Water meters and water meter boxes will be replaced where appropriate. • Sewer main construction work is anticipated May 2018 through August 2018. • Water line construction work is scheduled to start mid-summer 2018 through summer 2019. There will be temporary periodic water service disruptions to adjacent property owners and driveway access may be temporarily impacted for those who only have one driveway. Notices will be sent to property owners in advance of these impacts. • Construction will take place Monday through Friday, 9 a.m. to 3 p.m. • Two-way traffic will be maintained. Please observe traffic control and advisory signs. • After the completion of this work, Caltrans will proceed with a Pavement Improvement Project along First Street, from west of Santa Teresa Boulevard to Route 101. • Travel lanes on First Street will be reduced; motorists should expect delays. • Allow extra time in your travel schedule. • Construction is anticipated May 2018 to Summer 2019. • For more information call our project helpline at 408.220.6025 or visit the City of Gilroy website at www.yourvoice.cityofgilroy.org WELBURN AVE MONTEREY RDWREN AVE1ST ST 1ST STWAYLAND LNMILLER AVE3RD STSANTA TERESA BLVDWater Line Sewer Line FIRST STREET SEWER AND WATER LINE IMPROVEMENTS PROJECT STAY IN TOUCH Rehabilitation of Aging Sewer System Increased Water Utility Capacity and Reliability yourvoice.cityofgilroy.org 408.220.6025 firststreetprojects @cityofgilroy.org Christine Salmo Project Manager firststreetprojects@cityofgilroy.org @cityofgilroy @cityofgilroy and @gilroypw QUESTIONS OR COMMENTS PLEASE CONTACT: City Of Gilroy 7351 Rosanna Street Gilroy, CA 95020 PROJECT HIGHLIGHTS * DISCLAIMER: Due to the dynamic nature of construction, please note that all dates and times are subject to change due to unforeseen operational factors or inclement weather. FACT SHEET Gilroy_First St Sewer and Water Fact sheet6.indd 1 5/3/2018 3:28:46 PMJ'lrat St Sewer and WIiier Fact aheet6.lndd 1 11.B.b Packet Pg. 414 Attachment: Fact Sheet OCR (1727 : First Street Repair Communication Plan) DESCRIPCIÓN GENERAL DEL PROYECTO QUÉ PUEDE ESPERAR: ¡INFÓRMESE ANTES DE PARTIR! Como parte de un esfuerzo continuo para reparar las vías públicas, la Ciudad de Gilroy ha iniciado el Proyecto de Mejoras de la Línea de Alcantarillado y Agua de First Street (Highway 152). Este es un proyecto prioritario que extenderá la vida útil del sistema de alcantarillado y aumentará la capacidad de agua potable en First Street. Los límites de las mejoras de alcantarillado a lo largo de First Street se encuentran entre Monterey Street y Wayland Lane. Los limites de el trabajo de rehabilitación de la línea de agua de First Street se realizará entre Monterey Road y Santa Teresa. ALCANCE DEL TRABAJO Rehabilitación de la alcantarilla envejecida, que incluye 11 pozos de registro, la construcción de nuevas tuberías de agua, válvulas, laterales de servicio contra incendios y bocas de incendio. Los medidores de agua y cajas de medidores de agua serán reemplazados cuando corresponda. WELBURN AVE MONTEREY RDWREN AVE1ST ST 1ST STWAYLAND LN MILLER AVE3RD STSANTA TERESA BLVDWater Line / Línea de agua Sewer Line / Línea de alcantarillado PROYECTO DE MEJORAS DE LAS LÍNEAS DE ALCANTARILLADO Y AGUA EN FIRST STREET MANTÉNGASE EN CONTACTO Rehabilitación del sistema de alcantarillado envejecido Mayor capacidad y confiabilidad de la red de agua yourvoice.cityofgilroy.org 408.220.6025 firststreetprojects @cityofgilroy.org Christine Salmo Gerente del Proyecto firststreetprojects@cityofgilroy.org @cityofgilroy @cityofgilroy and @gilroypw POR FAVOR, ENVIAR SUS PREGUNTAS Y COMENTARIOS A: Ciudad de Gilroy 7351 Rosanna Street Gilroy, CA 95020 ASPECTOS DESTACADOS DEL PROYECTO * EXENCIÓN DE RESPONSABILIDAD: Debido a la naturaleza dinámica de la construcción, por favor tenga en cuenta que las fechas y los horarios están sujetos a cambios debido a factores operativos imprevistos o inclemencias del tiempo. FICHA INFORMATIVA • El trabajo de construcción principal de alcantarillado está programado para mayo de 2018 hasta agosto de 2018. • El trabajo de construcción de la línea de agua está programado para comenzar en junio de 2018 hasta julio de 2019. Habrá interrupciones temporales del servicio de agua a los propietarios adyacentes y el acceso a la entrada puede verse afectado temporalmente por aquellos que solo tienen una entrada. Se enviarán avisos a los propietarios antes de estos impactos. • La construcción se llevará a cabo de lunes a viernes, de 9 a.m. a 3 p.m. • Se mantendrá el tráfico bidireccional. Por favor, observe el control del tráfico y los avisos de advertencia que se actualizarán periódicamente para reflejar las actividades de construcción vigentes. • Después de la finalización de este trabajo, Caltrans pavimentará First Street como parte de un proyecto de mejora vial. • Se reducirán los carriles de viaje en First Street; los automovilistas deben esperar retrasos. • Se recomienda que los automovilistas usen rutas alternativas, si es posible. • La construcción está anticipada de mayo de 2018 hasta verano 2019. • Para obtener más información, llame a la línea de ayuda de nuestro proyecto al 408.220.6025 o visite el sitio web de la Ciudad de Gilroy en www.yourvoice.cityofgilroy.org Gilroy_First St_Fact sheet_spanish6b.indd 1 5/3/2018 3:30:16 PM 11.B.b Packet Pg. 415 Attachment: Fact Sheet OCR (1727 : First Street Repair Communication Plan) What: As part of the City’s ongoing program to improve our infrastructure, First Street (Highway 152) has been scheduled for sewer and water line improvements. The sewer main work will be along First Street between Monterey Road and Wayland Lane. The new water line construction work will be on First Street between Monterey Road and Santa Teresa Boulevard. Plan Ahead: During construction, lanes will be reduced on First Street. Motorists should expect delays, please plan ahead and leave a little early. When: Anticipated May 2018 through Summer 2019 WELBURN AVE WELBUR N A VE MONT ER EY RDWREN AVE1ST ST 1ST STWAYLAND LN MILLER AVE3RD STSANTA TERESA BLVDWater Line Sewer Line *DISCLAIMER: Due to the dynamic nature of construction, please note that dates are subject to change due to unforeseen operational factors or inclement weather. cityofgilroy.org 408-220-6025 @cityofgilroy @gilroypw @cityofgilroy What: As part of the City’s ongoing program to improve our infrastructure, First Street (Highway 152) has been scheduled for sewer and water line improvements. The sewer main work will be along First Street between Monterey Road and Wayland Lane. The new water line construction work will be on First Street between Monterey Road and Santa Teresa Boulevard. Plan Ahead: During construction, lanes will be reduced on First Street. Motorists should expect delays, please plan ahead and leave a little early. When: Anticipated May 2018 through Summer 2019 WELBURN AVE WELBUR N A VE MONTEREY RDWREN AVE1ST ST 1ST STWAYLAND LN MILLER AVE3RD STSANTA TERESA BLVDWater Line Sewer Line *DISCLAIMER: Due to the dynamic nature of construction, please note that dates are subject to change due to unforeseen operational factors or inclement weather. cityofgilroy.org 408-220-6025 @cityofgilroy @gilroypw @cityofgilroy What: As part of the City’s ongoing program to improve our infrastructure, First Street (Highway 152) has been scheduled for sewer and water line improvements. The sewer main work will be along First Street between Monterey Road and Wayland Lane. The new water line construction work will be on First Street between Monterey Road and Santa Teresa Boulevard. Plan Ahead: During construction, lanes will be reduced on First Street. Motorists should expect delays, please plan ahead and leave a little early. When: Anticipated May 2018 through Summer 2019 WELBURN AVE WELBUR N A VE MONT ER EY RDWREN AVE1ST ST 1ST STWAYLAND LN MILLER AVE3RD STSANTA TERESA BLVDWater Line Sewer Line *DISCLAIMER: Due to the dynamic nature of construction, please note that dates are subject to change due to unforeseen operational factors or inclement weather. cityofgilroy.org 408-220-6025 @cityofgilroy @gilroypw @cityofgilroy ~0 fG,,~ FIRST STREET INFRASTRUCTURE IMPROVEMENTS ~a. CONSTRUCTION UNDERWAY! ~0 fG,,~ FIRST STREET INFRASTRUCTURE IMPROVEMENTS ~a. CONSTRUCTION UNDERWAY! I -··==:- t} FIRST STREET INFRASTRUCTURE IMPROVEMENTS ,... . CONSTRUCTION UNDERWAYI - • N • N • N 11.B.c Packet Pg. 416 Attachment: Utility Bill Insert OCR (1727 : First Street Repair Communication Plan) Qué: Como parte del programa continuo de la Ciudad para mejorar nuestra infraestructura, se han programado trabajos de mejoras de las líneas de alcantarillado y agua en First Street (Highway 152). Las secciones de alcantarillado principal se rehabilitarán entre Monterey Road y Wayland Lane. Las mejoras en las instalaciones de agua incluyen la construcción de nuevas tuberías de agua entre Santa Teresa Boulevard y Monterey Road. Planifique con anticipación: Durante la construcción, se reducirán los carriles en First Street. Los automovilistas deben esperar retrasos, por favor planifique con anticipación y salga temprano. Cuándo: Anticipado de mayo de 2018 hasta el verano de 2019. WELBURN AVE WELBUR N A VE MONTEREY RDWREN AVE1ST ST 1ST STWAYLAND LN MILLER AVE3RD STSANTA TERESA BLVDLínea de agua Línea de alcantarillado *Exención de Responsabilidad: Debido a la naturaleza dinámica de la construcción, por favor tenga en cuenta que las fechas están sujetas a cambios debido a factores operativos imprevistos o inclemencias del tiempo. cityofgilroy.org 408-220-6025 @cityofgilroy @gilroypw @cityofgilroy CONSTRUCCIÓN EN PROGRESOPROYECTO DE MEJORAS DE LAS LÍNEAS DE ALCANTARILLADO Y AGUA EN FIRST STREET Qué: Como parte del programa continuo de la Ciudad para mejorar nuestra infraestructura, se han programado trabajos de mejoras de las líneas de alcantarillado y agua en First Street (Highway 152). Las secciones de alcantarillado principal se rehabilitarán entre Monterey Road y Wayland Lane. Las mejoras en las instalaciones de agua incluyen la construcción de nuevas tuberías de agua entre Santa Teresa Boulevard y Monterey Road. Planifique con anticipación: Durante la construcción, se reducirán los carriles en First Street. Los automovilistas deben esperar retrasos, por favor planifique con anticipación y salga temprano. Cuándo: Anticipado de mayo de 2018 hasta el verano de 2019. WELBURN AVE WELBUR N A VE MONT ERE Y RDWREN AVE1ST ST 1ST STWAYLAND LNMILLER AVE3RD STSANTA TERESA BLVDLínea de agua Línea de alcantarillado *Exención de Responsabilidad: Debido a la naturaleza dinámica de la construcción, por favor tenga en cuenta que las fechas están sujetas a cambios debido a factores operativos imprevistos o inclemencias del tiempo. cityofgilroy.org 408-220-6025 @cityofgilroy @gilroypw @cityofgilroy CONSTRUCCIÓN EN PROGRESOPROYECTO DE MEJORAS DE LAS LÍNEAS DE ALCANTARILLADO Y AGUA EN FIRST STREET Qué: Como parte del programa continuo de la Ciudad para mejorar nuestra infraestructura, se han programado trabajos de mejoras de las líneas de alcantarillado y agua en First Street (Highway 152). Las secciones de alcantarillado principal se rehabilitarán entre Monterey Road y Wayland Lane. Las mejoras en las instalaciones de agua incluyen la construcción de nuevas tuberías de agua entre Santa Teresa Boulevard y Monterey Road. Planifique con anticipación: Durante la construcción, se reducirán los carriles en First Street. Los automovilistas deben esperar retrasos, por favor planifique con anticipación y salga temprano. Cuándo: Anticipado de mayo de 2018 hasta el verano de 2019. WELBURN AVE WELBUR N A VE MONT ER EY RDWREN AVE1ST ST 1ST STWAYLAND LN MILLER AVE3RD STSANTA TERESA BLVDLínea de agua Línea de alcantarillado *Exención de Responsabilidad: Debido a la naturaleza dinámica de la construcción, por favor tenga en cuenta que las fechas están sujetas a cambios debido a factores operativos imprevistos o inclemencias del tiempo. cityofgilroy.org 408-220-6025 @cityofgilroy @gilroypw @cityofgilroy CONSTRUCCIÓN EN PROGRESOPROYECTO DE MEJORAS DE LAS LÍNEAS DE ALCANTARILLADO Y AGUA EN FIRST STREET - 111111111111111 -111111111111111 • N • N • N 11.B.c Packet Pg. 417 Attachment: Utility Bill Insert OCR (1727 : First Street Repair Communication Plan)